Title 13 — Contracts
0 chapters · 129 sections in this title.
O.C.G.A. § 13-7-1 Nature of setoff generally
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Setoff does not operate as a denial of the plaintiff’s claim; rather it allows the defendant to set off a debt owed him by the plaintiff against the claim of the plaintiff. (Orig. Code 1863, § 2840; Code 1868, § 2848; Code 1873, § 2899; Code 1882, § 2899; Civil Code 1895, § 3745;…
O.C.G.A. § 13-7-12 Grounds for allowance of recoupment generally
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Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake. (Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.)
O.C.G.A. § 13-7-14 Effect of conflict between this chapter and Chapter 11 of Title 9
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In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the conflict. 503 T.13, C.8 T.13, C.8 CONTRACTS CHAPTER 8 ILLEGAL AND VOID CONTRACTS GENERALLY Sec. 13-8-20. Article 1 General Provisions Sec. 13-8-1. 13-8-2. 13-8…
O.C.G.A. § 13-7-2 Nature of recoupment generally
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Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff’s damages for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the contract upon which suit is brought. (Orig. Code 1863, § …
O.C.G.A. § 13-7-3 Setoff and recoupment distinguished
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Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff, while only a claim or demand arising out of the same transaction as that sued on by the plaintiff may be used as a recoupment. (Orig. Code 186…
O.C.G.A. § 13-7-4 Limitations as to claims or demands for setoff generally
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Setoff must be between the same parties and in their own right. (Orig. Code 1863, § 2842; Code 1868, § 2850; Code 1873, § 2901; Code 1882, § 2901; Civil Code 1895, § 3747; Civil Code 1910, § 4341; Code 1933, § 20-1303.)
O.C.G.A. § 13-7-5 Setoff of demands between parties to suits
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Between the parties themselves, any mutual demands existing at the time of the commencement of the suit may be set off. (Orig. Code 1863, §§ 2841, 3394; Code 1868, §§ 2849, 3413; Code 1873, §§ 2900, 3465; Code 1882, §§ 2900, 3465; Civil Code 1895, §§ 3746, 5084; Civil Code 1910, …
O.C.G.A. § 13-7-6 Setoff of claims or demands against beneficiaries of suits
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If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed. (Orig. Code 1863, § 2844; Code 1868, § 2852; Code 1873, § 2903; Code 1882, § 2903; Civil Code 1895, § 3749; Civil Code 1910, § 4343; Code 1933, § 20-1304.)