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FRAUD - EATON V. WALDROP

In Eaton v. Waldrop, [Ms. 2081095, March 5, 2010] __ So. 3d __ (Ala. Civ. App. 2010), the Alabama Court of Civil Appeals held that Alabama law does not require a plaintiff to prove intent to deceive when seeking rescission of a deed based on an allegation of fraud. See Ala. Code ¤ 6-5-101 ("Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.").

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