Title 13 — Contracts
0 chapters · 129 sections in this title.
O.C.G.A. § 13-3-1 Essentials of contracts generally
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To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate. (Orig. Code 1863, § 2682; Code 1868, § 2678; Code 1873…
O.C.G.A. § 13-3-22 Minors — Marriage contracts and settlements
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Marriage contracts and settlements made by persons who are minors but of lawful age to marry are binding as if made by adults. (Orig. Code 1863, § 2696; Code 1868, § 2692; Code 1873, § 2734; Code 1882, § 2734; Civil Code 1895, § 3651; Civil Code 1910, § 4236; Code 1933, § 20-204.…
O.C.G.A. § 13-3-24 Essentials of contracts generally
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Contract incomplete without assent of parties to terms thereof; withdrawal of bid or proposition by party. When written acceptance of offer made by letter takes effect; acceptance of offer containing alternative propositions. Effect of conditions precedent or subsequent upon righ…
O.C.G.A. § 13-3-25 Intoxicated persons
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A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of the intoxicated person and may be ratified by him expressly or by conduct inconsistent with its rescission. (Orig. Code 186…
O.C.G.A. § 13-3-40 Necessity for consideration; presumption of consideration
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(a) A consideration is essential to a contract which the law will enforce. An executory contract without such consideration is called nudum pactum or a naked promise. (b) In some cases a consideration is presumed, and an averment to the contrary will not be received. (Orig. Code …
O.C.G.A. § 13-3-41 Types of consideration
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Considerations are distinguished into ‘‘good’’ and ‘‘valuable.’’ A good consideration is such as is founded on natural duty and affection or on a strong moral obligation. A valuable consideration is founded on money or something convertible into money or having a value in money, …
O.C.G.A. § 13-3-43 Effect of satisfying requirement of consideration
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If the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promisor or of a loss, disadvantage, or detriment to the promisee. (Code 1933, § 20-302.1, enacted by Ga. L. 1981, p. 876, § 2.)
O.C.G.A. § 13-3-44 Insilco Corp
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v. First Nat’l Bank, 248 Ga. 322, 283 S.E.2d 262 (1981) (decided prior to the passage of Ga. L. 1981, p. 876). Principle of promissory estoppel has no application where the promise relied on was for employment for an indefinite period; thus, fired at-will employees’ claims agains…
O.C.G.A. § 13-3-45 Effect of partially valid consideration; effect of illegal consideration
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If the consideration is good in part and void in part, the promise will or will not be sustained, depending upon whether it is entire or severable. If the consideration is illegal in whole or in part, the whole promise fails. (Orig. Code 1863, § 2709; Code 1868, § 2703; Code 1873…
O.C.G.A. § 13-3-46 Effect of inadequacy of consideration
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Mere inadequacy of consideration alone will not void a contract. If the inadequacy is great, it is a strong circumstance to evidence fraud; and, in an action for damages for breach of a contract, the inadequacy of consideration will always enter as an element in estimating the da…
O.C.G.A. § 13-3-47 Necessity for consideration; presumption of consideration
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Types of consideration. Acts which constitute consideration; effect of consideration given or received by persons other than promisor or promisee. Effect of satisfying requirement of consideration. Effect of promise which is reasonably expected to induce action or forbearance by …
O.C.G.A. § 13-3-5 Effect of impossible, immoral, and illegal conditions
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Impossible, immoral, and illegal conditions are void and are binding upon no one. (Orig. Code 1863, § 2685; Code 1868, § 2681; Code 1873, § 2723; Code 1882, § 2723; Civil Code 1895, § 3640; Civil Code 1910, § 4225; Code 1933, § 20-111.)