Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted.
History. Orig. Code 1863, § 3111; Code 1868, § 3123; Code 1873, § 3180; Code 1882, § 3180; Civil Code 1895, § 4034; Civil Code 1910, § 4631; Code 1933, § 37-711.
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
§ 23-2-50. Concurrent Jurisdiction Over Fraud
§ 23-2-51. Fraud as Actual or Constructive
§ 23-2-52. Misrepresentation as Legal Fraud
§ 23-2-53. Suppression of Fact as Fraud
§ 23-2-54. Surprise as a Form of Fraud
§ 23-2-55. Use of Similar Trademarks, Names, or Devices
§ 23-2-56. Consummation of Fraud
§ 23-2-57. Proving Existence of Fraud
§ 23-2-58. Confidential Relations Defined
§ 23-2-59. Acquisition of Antagonistic Rights by One in Confidential Relationship