Title 13 — Contracts

Damages are given as compensation for the injury sustained as a result of the breach of a contract. (Orig. Code 1863, § 2881; Code 1868, § 2889; Code 1873, § 2940; Code 1882, § 2940; Civil Code 1895, § 3794; Civil Code 1910, § 4390; Code 1933, § 20-1402.)

Unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts. (Orig. Code 1863, § 2884; Code 1868, § 2892; Code 1873, § 2943; Code 1882, § 2943; Civil Code 1895, § 3797; Civil Code 1910, § 4393; Code 1933, § 20-1405.)

Richard Bowers & Co., 280 Ga. App. 533, 634 S.E.2d 415 (2006). Trial court did not err in denying an employer’s summary judgment motion, determining that the employee had performed the services necessary to be entitled to the allegedly agreed-upon per diem compensation; hence, th…

v. Hicks, 236 Ga. App. 80, 511 S.E.2d 194 (1999). It was not necessary for an employee to have made a demand for the payment of the salary claimed and to have been denied payment for the employee to be entitled to recover pre-judgment interest. Surgijet, Inc. v. Hicks, 236 Ga. Ap…

If a contract is entire, only one action may be maintained for a breach thereof; but, if it is severable or if the breaches occur at successive periods in an entire contract, an action will lie for each breach; but all the breaches occurring up to the commencement of the action m…

(a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds…

Damages recoverable for a breach of contract are such as arise naturally and according to the usual course of things from such breach and such as the parties contemplated, when the contract was made, as the probable result of its breach. (Civil Code 1895, § 3799; Civil Code 1910,…

(a) Provisions in bonds stipulating the damages to be paid in the event of breach shall be deemed penalties and shall not be enforceable unless the amount stipulated is reasonably related to the amount of the loss resulting from the breach and the damages resulting from the breac…

The question of damages being one for the jury, a reviewing court should not interfere unless the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias. (Orig. Code 1863, § 2888; Code 1868, § 2896; Code 1873, § 2947; Code 1882, § 2…

Where by a breach of contract a party is injured, he is bound to lessen the damages as far as is practicable by the use of ordinary care and diligence. (Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 20-1410.) 396 History of Code section. — This Code section is de…

In every case of breach of contract the injured party has a right to damages, but if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action. (Orig. Code 1863, § 2887; Code 1868, § 2895; Code 1873, § 2946…

If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby. (Orig. Code 1863, § 2881; Code 1868, § 2889; Code 1873, § 2940; Code 1882, § 2940…

Measure of damages — Generally. Measure of damages — Breach of bond. Determination of damages generally. Duty of injured party to lessen damages resulting from breach. Damages and expenses recoverable — Nominal damages. Damages and expenses recoverable — Liquidated damages genera…