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Georgia Statutes, Title 13

Georgia/Statutes

← All Georgia coverage

Title 13

11 chapters · 194 sections in this title.

All chapters in Title 13194 Ch 8, ILLEGAL AND VOID CONTRACTS GENERALLY48 Ch 4, MODIFICATION, EXTINGUISHMENT, AND RE…27 Ch 10, CONTRACTS FOR PUBLIC WORKS23 Ch 3, ELEMENTS AND FORMATION GENERALLY19 Ch 6, DAMAGES AND COSTS GENERALLY15 Ch 7, SETOFF AND RECOUPMENT14 Ch 1, GENERAL PROVISIONS13 Ch 5, DEFENSES13 Ch 11, PROMPT PAYMENT11 Ch 9, CONTRACTS FOR FUTURE DELIVERY OF COT…7 Ch 2, CONSTRUCTION4

13 sections·Filtered byTitle 13✕Ch 5✕

O.C.G.A. § 13-5-1 Pleading of facts indicating contract not obligatory generally
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Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense. (Orig. Code 1863, § 2797; Code 1868, § 2805; Code 1873, § 2856; Code 1882, § 2856; Civil Code 1895, § 3706; Civil Code 1910, § 4300; Code 1933, § 20-901.)
O.C.G.A. § 13-5-10 Failure to perform dependent covenant
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Where covenants are dependent, the failure of performance by the opposing party may be a good defense. (Orig. Code 1863, § 2799; Code 1868, § 2807; Code 1873, § 2858; Code 1882, § 2858; Civil Code 1895, § 3709; Civil Code 1910, § 4303; Code 1933, § 20-904.)
O.C.G.A. § 13-5-11 Part performance
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In a severable contract or one admitting of apportionment, a part performance may be a defense pro tanto. (Orig. Code 1863, § 2813; Code 1868, § 2821; Code 1873, § 2872; Code 1882, § 2872; Civil Code 1895, § 3726; Civil Code 1910, § 4320; Code 1933, § 20-1103.)
O.C.G.A. § 13-5-2 Incapacity generally
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A person may plead his own incapacity to contract. (Orig. Code 1863, § 2698; Code 1868, § 2694; Code 1873, § 2736; Code 1882, § 2736; Civil Code 1895, § 3653; Civil Code 1910, § 4238; Code 1933, § 20-208.)

O.C.G.A. § 13-5-3 Exemption from contractual liability of minor

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The exemption of a minor from contractual liability is a personal privilege. The party contracting with a minor may not plead it unless he was ignorant of the fact at the time of the contract nor may third persons avail themselves of it as a defense. (Orig. Code 1863, § 2694; Cod…

O.C.G.A. § 13-5-4 Mistake of fact or law

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If the consideration upon which a contract is based was given as a result of a mutual mistake of fact or of law, the contract cannot be enforced. (Orig. Code 1863, § 2707; Code 1868, § 2701; Code 1873, § 2743; Code 1882, § 2743; Civil Code 1895, § 3660; Civil Code 1910, § 4245; C…

O.C.G.A. § 13-5-5 Fraud

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Fraud renders contracts voidable at the election of the injured party. (Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 3669; Civil Code 1910, § 4254; Code 1933, § 20-502.)

O.C.G.A. § 13-5-6 Ackerman v

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First Nat’l Bank, 239 Ga. App. 304, 521 S.E.2d 221 (1999). Contract voidable when undue or unjust advantage is taken of one’s economic necessity or distress to coerce one into making agreement. A-T-O, Inc. v. Stratton & Co., 486 F. Supp. 1323 (N.D. Ga. 1980). Detention of another…

O.C.G.A. § 13-5-7 Rescission or release

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A rescission of a contract by consent or a release by the other contracting party shall be a complete defense. (Orig. Code 1863, § 2800; Code 1868, § 2808; Code 1873, § 2859; Code 1882, § 2859; Civil Code 1895, § 3710; Civil Code 1910, § 4304; Code 1933, § 20-905.)

O.C.G.A. § 13-5-8 Noncompliance with condition, failure of consideration, or other act as defense

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A condition, precedent or subsequent, not complied with, insufficiency or failure of consideration, or any act of the opposite party, by which the obligation of the contract has ceased, may be pleaded as a defense. (Orig. Code 1863, § 2798; Code 1868, § 2806; Code 1873, § 2857; C…

O.C.G.A. § 13-5-9 Total or partial failure of consideration generally

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If the consideration for a promise, apparently good or valuable, fails either wholly or in part before the promise is executed, the failure of consideration may be pleaded in defense to the promise as provided for in subsection (c) of Code Section 9-11-8. If the failure of consid…

O.C.G.A. § 13-5-30 Northwest Carpets, Inc

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v. First Nat’l Bank, 280 Ga. 535, 630 S.E.2d 407 (2006). Agreements Involving Insurance Common-law rule that insurance contracts need not be written, not in force in Georgia. — Common-law rule that contracts of insurance need not be in writing in order to be valid prevails in mos…

O.C.G.A. § 13-5-31 Agreements enforceable without writing

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The provisions of Code Section 13-5-30 do not extend to the following cases: (1) When the contract has been fully executed; (2) Where there has been performance on one side, accepted by the other in accordance with the contract; (3) Where there has been such part performance of t…