Title 13 — Contracts
0 chapters · 129 sections in this title.
O.C.G.A. § 13-1-1 Contract defined — Generally
0.5K chars
A contract is an agreement between two or more parties for the doing or not doing of some specified thing. (Orig. Code 1863, § 2676; Code 1868, § 2672; Code 1873, § 2714; Code 1882, § 2714; Civil Code 1895, § 3631; Civil Code 1910, § 4216; Code 1933, § 20-101.) interpretative app…
O.C.G.A. § 13-1-10 Licenses and contracts distinguished
0.5K chars
Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated. (Civil Code 1895, § 15; Civil Code 1910, § 15; Code 1933, § 20-117.) H…
O.C.G.A. § 13-1-11 Rhodes v
24.6K chars
Amwest Sur. Ins. Co., 207 Ga. App. 441, 428 S.E.2d 581 (1993). 3. Persons Entitled to Notice Notice requirement inapplicable where third party independently assumes obligation to pay attorney’s fees. — Notice does not apply when the creditor, not having taken from principal debto…
O.C.G.A. § 13-1-13 Yeazel v
7.5K chars
Burger King Corp., 241 Ga. App. 90, 526 S.E.2d 112 (1999). No evidence of immediate threat. — Although the tenant of a commercial lease may have feared that the landlord would take action if the tenant failed to make the payments in the amount demanded, there was no evidence that…
O.C.G.A. § 13-1-2 Contract defined — Executed and executory contracts
0.4K chars
(a) An executed contract is one in which all the parties thereto have performed all the obligations which they have originally assumed. (b) An executory contract is one in which something remains to be done by one or more parties. (Orig. Code 1863, § 2677; Code 1868, § 2673; Code…
O.C.G.A. § 13-1-3 Contract defined — Contract of record
0.3K chars
A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in carrying out the judgment of a court. (Orig. Code 1863, § 2678; Code 1868, § 2674; Code 1873, § 2716; Code 1882, § 2716; Civil Co…
O.C.G.A. § 13-1-4 Contract defined — Specialty contract
0.3K chars
A specialty is a contract under seal and is considered by the law as entered into with more solemnity, and consequently of higher dignity, than ordinary, simple contracts. (Orig. Code 1863, § 2679; Code 1868, § 2675; Code 1873, § 2717; Code 1882, § 2717; Civil Code 1895, § 3634; …
O.C.G.A. § 13-1-5 Contract defined — Simple contract
0.4K chars
(a) All other contracts than those specified in Code Sections 13-1-2 through 13-1-4 are termed simple contracts. (b) Simple contracts may either be in writing or rest only in words as remembered by witnesses. (Orig. Code 1863, §§ 2680, 2681; Code 1868, §§ 2676, 2677; Code 1873, §…
O.C.G.A. § 13-1-6 Contract defined — Parol contracts
0.2K chars
Parol contracts shall include only contracts in words as remembered by witnesses. (Orig. Code 1863, § 2681; Code 1868, § 2677; Code 1873, § 2719; Code 1882, § 2719; Civil Code 1895, § 3636; Civil Code 1910, § 4221; Code 1933, § 20-106.)
O.C.G.A. § 13-1-7 Contract defined — Absolute and conditional contracts
0.6K chars
(a) A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. In a conditional contract, the covenants are dependent upon each other and the breach of one is a release of the…
O.C.G.A. § 13-1-8 Contract defined — Entire and severable contracts
0.5K chars
(a) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. (b) The character of the contract in such case is determined by the intention…
O.C.G.A. § 13-1-9 Apportionment of entire contracts
0.4K chars
In some cases even an entire contract is apportionable, as where the price to be paid is not fixed, or is by the contract itself apportioned according to time; so, if the failure of one party to perform is caused by the act of the 20 13-1-10 other, the contract may still be appor…