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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

48 sections·Filtered byTitle 13✕Ch 8✕

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. § 13-8-2 Contracts contravening public policy generally
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(a) A contract which is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to: (1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from c…
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). 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 practice of a …
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. § 13-8-4 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. § 13-8-11 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.)

O.C.G.A. § 13-8-15 Unfair methods of competition and unfair or deceptive acts or practices

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(a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or whole558 saler, distributor branch, distributor representative, or dealer to engage in any action which is arbitrary, in bad faith, or unconsci…

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 delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and…

O.C.G.A. § 13-8-16 Predelivery and preparation obligations; repair parts availability; return of surplus parts inventory

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(a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its equipment prior to delivery of same to retail purchasers. (b) Every manufacturer shall provide for repair parts availability throughout the r…

O.C.G.A. § 13-8-17 Warranty agreements; disapproval of claims under warranty agreements; special handling of claims; calculation of compensation to dealer for warranty work; amounts owed to a dealer; audit of warranty c

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(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new unit of equipment which it sells and shall fairly compensate each of its …

O.C.G.A. § 13-8-17.1 Time for audits of dealerships

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Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of such incentive compens…

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, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortga…

O.C.G.A. § 13-8-20 Damages recoverable for injuries sustained by violations; class actions; punitive damages

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(a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-15, any person who shall be injured in his or her business or property by reason of anything forbidden by or in noncompliance with the requirements of this artic…

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 public policy and shall be void and unenforceable. (Code 1981, § 13-8-21, enacted by Ga. L. 1993, p. 1585, § 4; Ga. L. 2002, p. 1101, §…

O.C.G.A. § 13-8-22 Repurchase of inventory upon termination of franchise; payment for inventory repurchased; title to repurchased inventory; exempt inventory items; civil liability for failure to repurchase inventory

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(a) Whenever any dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of equipment or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler sha…

O.C.G.A. § 13-8-23 Repurchase of inventory upon death or incapacity of dealer or majority stockholder of corporate dealer

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In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the …

O.C.G.A. § 13-8-24 Indemnification of dealer for losses relating to manufacture, assembly, design, or functions beyond control of dealer

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A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorney’s fees or damages arising out of complaints, claims, or lawsuits including, but …

O.C.G.A. § 13-8-25 Applicability of article to existing contracts without expiration dates and to contracts entered or renewed on or after July 1, 2002

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The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own…

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 of this article and shall be subject to the jurisdiction of …

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.)

O.C.G.A. § 13-8-35 Unfair methods of competition and unfair or deceptive acts or practices

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(a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parti…

O.C.G.A. § 13-8-36 Predelivery and preparation obligations; repair parts availability; return of surplus parts inventory

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(a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers. (b) Every manufacturer shall provide for repair parts availability …

O.C.G.A. § 13-8-37 Warranty agreements; disapproval of claims under warranty agreements; special handling of claims; calculation of compensation to dealer for warranty work

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Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer. (Code …

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. § 13-8-39 Failure to renew, termination of, or restriction on transfer of franchise without due cause

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It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compen…

O.C.G.A. § 13-8-40 Damages recoverable for injuries sustained by violations of article; class actions; punitive damages

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(a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate s…

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.)

O.C.G.A. § 13-8-42 Repurchase of inventory upon termination of franchise; payment for inventory repurchased; title to repurchased inventory; exempt inventory items; civil liability for failure to repurchase inventory

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(a) Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory a…

O.C.G.A. § 13-8-43 Repurchase of inventory upon death or incapacity of dealer or majority stockholder of corporate dealer

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In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the dece…

O.C.G.A. § 13-8-44 Indemnification of dealer for losses relating to manufacture, assembly, design, or functions beyond control of dealer

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A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence,…

O.C.G.A. § 13-8-45 Applicability of article to existing contracts without expiration dates and to contracts entered or renewed after November 1, 1982

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The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own ter…

O.C.G.A. § 13-8-50 Legislative findings

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The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia…

O.C.G.A. § 13-8-51 Definitions

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As used in this article, the term: (1) ‘‘Affiliate’’ means: (A) A person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person or entity; (B) Any entity of which a person is an office…

O.C.G.A. § 13-8-52 Application

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(a) The provisions of this article shall be applicable only to contracts and agreements between or among: (1) Employers and employees, as such terms are defined in Code Section 13-8-51; (2) Distributors and manufacturers; (3) Lessors and lessees; (4) Partnerships and partners; (5…

O.C.G.A. § 13-8-53 Enforcement of covenants; determining competitive status; time geographic limitations

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(a) Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted. How…

O.C.G.A. § 13-8-54 Judicial construction of covenants

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(a) A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. (b) In any a…

O.C.G.A. § 13-8-55 Requirements of person seeking enforcement of covenants

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The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the …

O.C.G.A. § 13-8-56 Reasonableness determinations restricting competition; presumptions

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In determining the reasonableness of a restrictive covenant that limits or restricts competition during the course of an employment or business relationship, the court shall make the following presumptions: (1) A time period equal to or measured by duration of the parties’ busine…

O.C.G.A. § 13-8-57 Reasonableness determinations restricting time; presumptions

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(a) In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. (b) In the case of a restrictive covenant sought to be enforced against a forme…

O.C.G.A. § 13-8-58 Enforcement by third parties

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(a) A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. (b) In determining the enforceability of a restrictive covena…

O.C.G.A. § 13-8-59 Construction with federal provisions

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Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States. (Code 1981,…

O.C.G.A. § 13-8-19 Failure to renew, termination of, or restriction on transfer of franchise without due cause

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Damages recoverable for injuries sustained by violations; class actions; punitive damages. Contracts and agreements in violation of article deemed void. Repurchase of inventory upon termination of franchise; payment for inventory repurchased; title to repurchased inventory; exemp…