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· 3/21/2003

Smiley v. S & J INVESTMENTS, INC.

Citations

  • 580 S.E.2d 283
  • 260 Ga. App. 493
  • 2003 Fulton County D. Rep. 1361
  • 2003 Ga. App. LEXIS 413

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that Georgia law allows for an exception to the requirement of contractual privity in cases involving negligent misrepresentation of facts in the professional context
  • Recognizing duty of care in professional negligence claim traditionally arises from privity
  • describing fraud as requiring proof of a “(1) false representation; (2) knowledge that the representation was false; (3) intent to deceive; (4
  • describing fraud as requiring proof of a “(1) false representation; (2) knowledge that the representation was false; (3) intent to deceive; (4) justifiable reliance on the representation; and (5
  • claim described as a “hybrid ‘fraud’ action, based upon professional negligence, not scienter”
  • the elements of a negligent misrepresentation claim are: “(1) the defendant’s negligent supply of false information to foreseeable persons, known or unknown; (2) such persons’ reasonable reliance upon that false information; and (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Eldridge, Smith, Ellington

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.