Title 51 — Title 51
0 chapters · 147 sections in this title.
O.C.G.A. § 51-11-1 Authorization to act as justification; effect of plea
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If the defendant in a tort action was authorized to do the act complained of, he may plead such authorization as justification. The effect of such plea is to admit that the act was done and to entitle the defendant to all the privileges of one holding the affirmative of the 774 5…
O.C.G.A. § 51-11-2 Effect of consent
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As a general rule no tort can be committed against a person consenting thereto if that consent is free, is not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person hav…
O.C.G.A. § 51-11-21 Tender of damages in tort action; effect of continuing tender
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of employment by railroad employees, § 34-7-43.
O.C.G.A. § 51-11-3 Extenuation and mitigation of damages
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Circumstances not amounting to justification may be pleaded in extenuation and mitigation of damages. (Orig. Code 1863, § 2984; Code 1868, § 2997; Code 1873, § 3052; Code 1882, § 3052; Civil Code 1895, § 3892; Civil Code 1910, § 4489; Code 1933, § 105-1802.)
O.C.G.A. § 51-11-4 Arbitrament and award
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Arbitrament and award constitute a good defense to a tort action, and the rules applied to this defense in a contract action apply equally to tort actions. (Orig. Code 1863, § 2994; Code 1868, § 3007; Code 1873, § 3062; Code 1882, § 3062; Civil Code 1895, § 3902; Civil Code 1910,…
O.C.G.A. § 51-11-5 Former recovery and pendency of another action
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Former recovery and the pendency of another action are good defenses in tort actions and are subject to the same rules as when applied to contracts. (Orig. Code 1863, § 2995; Code 1868, § 3008; Code 1873, § 3063; Code 1882, § 3063; Civil Code 1895, § 3903; Civil Code 1910, § 4500…
O.C.G.A. § 51-11-6 Infancy
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Infancy is no defense to a tort action so long as the defendant has reached the age of discretion and accountability prescribed by Code Section 16-3-1 for criminal offenses. (Orig. Code 1863, § 2996; Code 1868, § 3009; Code 1873, § 3064; Code 1882, § 3064; Civil Code 1895, § 3904…
O.C.G.A. § 51-11-7 Southland Butane Gas Co
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v. Blackwell, 211 Ga. 665, 88 S.E.2d 6 (1955). But see Garrett v. NationsBank, 228 Ga. App. 114, 491 S.E.2d 158 (1997). Plaintiff ’s negligence a bar to recovery under common law. — Under the 735 Page: 736 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:…
O.C.G.A. § 51-11-8 Authorization to act as justification; effect of plea
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Effect of consent. Extenuation and mitigation of damages. Arbitrament and award. Former recovery and pendency of another action. Infancy. Effect of plaintiff ’s failure to avoid consequences of defendant’s negligence. Liability of person employed by compressed gas dealer who prov…