Title 13 — Contracts
0 chapters · 129 sections in this title.
O.C.G.A. § 13-4-1 Alteration of written contract — Effect generally
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If a written contract is altered intentionally and in a material part thereof by a person claiming a benefit under it with intent to defraud the other party, the alteration voids the whole contract, at the option of the other party. If the alteration is unintentional or by mistak…
O.C.G.A. § 13-4-100 Effect of executory accord
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An accord may not amount to an extinguishment of the original debt but may extend only to suspend the execution or collection thereof for a limited time; in the meantime, an action on the original debt cannot be sustained. (Orig. Code 1863, § 2820; Code 1868, § 2828; Code 1873, §…
O.C.G.A. § 13-4-101 Elements and requirements of accord and satisfaction generally
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Accord and satisfaction occurs where the parties to an agreement, by a subsequent agreement, have satisfied the former agreement, and the latter agreement has been executed. The execution of a new agreement may itself amount to a satisfaction of the former agreement, where it is …
O.C.G.A. § 13-4-102 Benefit to creditor
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An accord and satisfaction must be of some advantage, legal or equitable, to the creditor or it shall not have the effect of barring him from his legal rights under the original agreement. (Orig. Code 1863, § 2821; Code 1868, § 2829; Code 1873, § 2880; Code 1882, § 2880; Civil Co…
O.C.G.A. § 13-4-103 Acceptance of less than amount of debt
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(a) Except as otherwise provided in this Code section, an agreement by a creditor to receive less than the amount of his debt cannot be pleaded as 289 13-4-103 an accord and satisfaction unless it is actually executed by the payment of the money, the giving of additional security…
O.C.G.A. § 13-4-104 Parties bound by accord and satisfaction
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An accord and satisfaction is binding upon both parties. (Orig. Code 1863, § 2823; Code 1868, § 2831; Code 1873, § 2882; Code 1882, § 2882; Civil Code 1895, § 3736; Civil Code 1910, § 4330; Code 1933, § 20-1205.)
O.C.G.A. § 13-4-20 Requirements as to performance of contractual obligations generally
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Performance, to be effectual, must be accomplished by the party bound to perform, or by his agent where personal skill is not required, or by someone substituted, by consent, in his place, and must be substantially in compliance with the spirit and the letter of the contract and …
O.C.G.A. § 13-4-21 Code Commission notes
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— Pursuant to Code Section 28-9-5, in 1996, a comma was inserted after ‘‘final’’ near the end of paragraph (1). COMMENT This section carries forward former OCGA Secs. 53-7-7 through 53-7-11. Paragraph (3) also includes an authorization for the personal representative to fulfill the…
O.C.G.A. § 13-4-23 Effect of nonperformance caused by conduct of other party
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If the nonperformance of a party to a contract is caused by the conduct of the opposite party, such conduct shall excuse the other party from performance. (Orig. Code 1863, § 2814; Code 1868, § 2822; Code 1873, § 2873; Code 1882, § 2873; Civil Code 1895, § 3727; Civil Code 1910, …
O.C.G.A. § 13-4-24 Requirements for and effect of tender generally
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A tender properly made may be equivalent to performance. The tender must be certain and unconditional, except for a receipt in full or delivery of the obligation, and may be made by an agent and to an agent authorized to receive. The tender must be in full payment of the specific…
O.C.G.A. § 13-4-25 Tender of chattels
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A valid tender of chattels transfers the title thereto to the person bound to receive; and the possession of the promisor, if he retains possession from that time, is for the benefit of the owner but without liability to account for profits or for more than ordinary prudence in p…
O.C.G.A. § 13-4-26 Rescission for fraud
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Rights of vendor as to reclamation of goods where contract rescinded for fraud. Rescission for nonperformance. Article 5 Requirements as to performance of contractual obligations generally. Effect of act of God. Effect of refusal of party to perform concurrent condition upon offe…
O.C.G.A. § 13-4-4 Spooner v
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Lossiah, 185 Ga. App. 876, 366 S.E.2d 236 (1988). No evidence of toleration of failure to make payments. — Payee was entitled to recover the accelerated unpaid balance on a note since there was no evidence that the payee tolerated a previous three-month failure to make any paymen…
O.C.G.A. § 13-4-40 Payment to creditor or agent
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Payment of money due to a creditor or his agent shall be sufficient to discharge the debtor upon the obligation; and, if such agent receives property other than currency in satisfaction of the obligation, the creditor is bound thereby. (Orig. Code 1863, § 2805; Code 1868, § 2813;…
O.C.G.A. § 13-4-41 Payment by mail
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Payment by mail shall be made at the risk of the debtor unless done by direction, either express or implied, of the creditor or his agent. (Orig. Code 1863, § 2807; Code 1868, § 2815; Code 1873, § 2866; Code 1882, § 2866; Civil Code 1895, § 3719; Civil Code 1910, § 4313; Code 193…
O.C.G.A. § 13-4-42 Appropriation of payments
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When a payment is made by a debtor to a creditor holding several demands against him, the debtor shall have the right to direct the claim to which it shall be appropriated. If the debtor fails to do so, the creditor shall have the right to appropriate the payment at his election.…
O.C.G.A. § 13-4-5 Effect of execution of second contract upon same matter; novation
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A simple contract regarding the same matter and based on no new consideration does not destroy another simple contract between the same parties; but, if new parties are introduced so as to change the person to whom the obligation is due, the original contract is at an end. (Orig.…
O.C.G.A. § 13-4-60 Rescission for fraud
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A contract may be rescinded at the instance of the party defrauded; but, in order to rescind, the defrauded party must promptly, upon discovery of the fraud, restore or offer to restore to the other party whatever he has received by virtue of the contract if it is of any value. (…
O.C.G.A. § 13-4-62 Rescission for nonperformance
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A party may rescind a contract without the consent of the opposite party on the ground of nonperformance by that party but only when both parties can be restored to the condition in which they were before the contract was made. (Orig. Code 1863, § 2801; Code 1868, § 2809; Code 18…
O.C.G.A. § 13-4-80 Groover v
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Commercial Bancorp, 220 Ga. App. 13, 467 S.E.2d 355 (1996). Release normally does not relate to a future or contingent claim. — If a ‘‘release’’ speaks in terms of future or contingent claim, it is more accurately denominated ‘‘a covenant not to sue.’’ Thus, a covenant not to sue…
O.C.G.A. § 13-4-81 Covenant not to sue; bond to indemnify debtor against debt
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A covenant never to sue is equivalent to a release as is a bond to indemnify a debtor against his own debt. (Orig. Code 1863, § 2802; Code 1868, § 2810; Code 1873, § 2861; Code 1882, § 2861; Civil Code 1895, § 3714; Civil Code 1910, § 4308; Code 1933, § 20-909.)
O.C.G.A. § 13-4-82 Intermarriage of parties
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Intermarriage of the parties generally releases a debt created prior to marriage. However, intermarriage of the parties does not release a debt arising from an antenuptial contract. (Orig. Code 1863, § 2804; Code 1868, § 2812; Code 1873, § 2863; Code 1882, § 2863; Civil Code 1895…