Title 13 — Contracts
0 chapters · 129 sections in this title.
O.C.G.A. § 13-8-1 Contracts to do immoral or illegal things
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A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal. (Orig. Code 1863, § 2713; Code 1868, § 2707; Code 1873, § 2749; Code 1882, § …
O.C.G.A. § 13-8-11 Legislative findings
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The General Assembly finds that the distribution of equipment primarily designed for or used in agriculture in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessar…
O.C.G.A. § 13-8-12 Definitions
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As used in this article, the term: (1) ‘‘Dealer’’ means any person who sells, maintains, solicits, or advertises the sale of new and used equipment to the consuming public. It shall not include (A) public officers while performing their duties as such officers; (B) persons making…
O.C.G.A. § 13-8-13 Persons subject to provisions of article
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Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of new equipment and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of t…
O.C.G.A. § 13-8-14 Unfair competition; unfair or deceptive acts
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Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful. (Code 1981, § 13-8-14, enacted by Ga. L. 1993, p. 1585, § 4; Ga. L. 2002, p. 1101, § 1.) 13-8-15. Unfair methods of competition and unfair or de…
O.C.G.A. § 13-8-15.1 Notice to competitors within market area
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Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment …
O.C.G.A. § 13-8-15.2 Use of dealership by manufacturers, distributors, and wholesalers
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(a) A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for 563 13-8-15.2 CONTRACTS 13-8-16 delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate th…
O.C.G.A. § 13-8-17.1 Time for audits of dealerships
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13-8-18. Agreements to which article applies. 13-8-19. Failure to renew, termination of, or restriction on transfer of franchise without due cause. 13-8-25. Damages recoverable for injuries sustained by violations; class actions; punitive damages. Contracts and agreements in viol…
O.C.G.A. § 13-8-18 Agreements to which article applies
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The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a dealer including, 566 13-8-21 but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leas…
O.C.G.A. § 13-8-2 Criminal penalty for theft of trade secrets, § 16-8-13
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T.10 State purchasing, § 50-5-50 et seq. Powers and duties of Board of Industry and Trade relating to commerce and trade, § 50-7-7 et seq. 2 T.10, C.1 SELLING/OTHER TRADE PRACTICES T.10, C.1 CHAPTER 1 SELLING AND OTHER TRADE PRACTICES Sec. 10-1-21. 10-1-22. Article 1 Retail Insta…
O.C.G.A. § 13-8-2.1 Distinction between property and professional interest
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— See Rakestraw v. Lanier, 104 Ga. 188, 30 S.E. 735, 69 Am. St. R. 154 (1898). 13-8-2 Distinction between restraints on practice of profession and restraints connected with sale of business. — A distinction exists between that class of contracts binding one to desist from practic…
O.C.G.A. § 13-8-21 Contracts and agreements in violation of article deemed void
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Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against 567 13-8-22 public policy and shall be void and unenforceable. (Code 1981, § 13-8-21, enacted by Ga. L. 1993, p. 1585, § 4; Ga. L. 2002…
O.C.G.A. § 13-8-3 Gambling contracts
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(a) Gambling contracts are void; and all evidences of debt, except negotiable instruments in the hands of holders in due course or encumbrances or liens on property, executed upon a gambling consideration, are void in the hands of any person. (b) Money paid or property delivered …
O.C.G.A. § 13-8-31 Legislative findings
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The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate farm equipment manufacturer…
O.C.G.A. § 13-8-32 Definitions
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As used in this article, the term: (1) ‘‘Distributor’’ or ‘‘wholesaler’’ means any person, company, or corporation who purchases farm equipment or implements or parts from a manufacturer and resells the same at wholesale to dealers. (2) ‘‘Distributor or wholesaler branch’’ means …
O.C.G.A. § 13-8-33 Persons subject to provisions of article
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Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions 572 13-8-35 of this article and shall be subject to the juri…
O.C.G.A. § 13-8-34 Unfair competition; unfair or deceptive acts
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Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. (Code 1981, § 13-8-34, enacted by Ga. L. 1993, p. 1585, § 4.) 13-8-35. Unfair methods of competition and unfair or deceptive acts or practices. …
O.C.G.A. § 13-8-38 Agreements to which article shall apply
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The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal …
O.C.G.A. § 13-8-4 Liability of stakeholder of money risked on wager
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A stakeholder of money risked on a wager shall be obligated to repay the money to the party depositing it, upon demand, before it is actually paid to the winner; but if he pays the money to the winner bona fide, and without notice of the depositor’s intention to retract, he shall…
O.C.G.A. § 13-8-41 Contracts and agreements in violation of article as void
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Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable. (Code 1981, § 13-8-41, enacted by Ga. L. 1993, p. 1585, § 4.) 13-8-42. Repurchase of…