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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

194 sections·Filtered byTitle 13✕

O.C.G.A. § 13-4-60 Rescission for fraud
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A contract may be rescinded at the instance of the party defrauded; but, in order to rescind, the defrauded party must promptly, upon discovery of the fraud, restore or offer to restore to the other party whatever he has received by virtue of the contract if it is of any value. (…
O.C.G.A. § 13-4-61 Rights of vendor as to reclamation of goods where contract rescinded for fraud
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Except as otherwise provided in Title 11, the ‘‘Uniform Commercial Code,’’ where a contract of sale is rescinded for fraud, the rights of the vendor reclaiming the goods are superior to those of one who has acquired the goods or a lien thereon in consideration of an antecedent de…
O.C.G.A. § 13-4-62 Rescission for nonperformance
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A party may rescind a contract without the consent of the opposite party on the ground of nonperformance by that party but only when both parties can be restored to the condition in which they were before the contract was made. (Orig. Code 1863, § 2801; Code 1868, § 2809; Code 18…
O.C.G.A. § 13-4-80 Groover v
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Commercial Bancorp, 220 Ga. App. 13, 467 S.E.2d 355 (1996). Release normally does not relate to a future or contingent claim. — If a ‘‘release’’ speaks in terms of future or contingent claim, it is more accurately denominated ‘‘a covenant not to sue.’’ Thus, a covenant not to sue…

O.C.G.A. § 13-4-81 Covenant not to sue; bond to indemnify debtor against debt

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A covenant never to sue is equivalent to a release as is a bond to indemnify a debtor against his own debt. (Orig. Code 1863, § 2802; Code 1868, § 2810; Code 1873, § 2861; Code 1882, § 2861; Civil Code 1895, § 3714; Civil Code 1910, § 4308; Code 1933, § 20-909.)

O.C.G.A. § 13-4-82 Intermarriage of parties

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Intermarriage of the parties generally releases a debt created prior to marriage. However, intermarriage of the parties does not release a debt arising from an antenuptial contract. (Orig. Code 1863, § 2804; Code 1868, § 2812; Code 1873, § 2863; Code 1882, § 2863; Civil Code 1895…

O.C.G.A. § 13-4-100 Effect of executory accord

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An accord may not amount to an extinguishment of the original debt but may extend only to suspend the execution or collection thereof for a limited time; in the meantime, an action on the original debt cannot be sustained. (Orig. Code 1863, § 2820; Code 1868, § 2828; Code 1873, §…

O.C.G.A. § 13-4-101 Elements and requirements of accord and satisfaction generally

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Accord and satisfaction occurs where the parties to an agreement, by a subsequent agreement, have satisfied the former agreement, and the latter agreement has been executed. The execution of a new agreement may itself amount to a satisfaction of the former agreement, where it is …

O.C.G.A. § 13-4-102 Benefit to creditor

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An accord and satisfaction must be of some advantage, legal or equitable, to the creditor or it shall not have the effect of barring him from his legal rights under the original agreement. (Orig. Code 1863, § 2821; Code 1868, § 2829; Code 1873, § 2880; Code 1882, § 2880; Civil Co…

O.C.G.A. § 13-4-103 Acceptance of less than amount of debt

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(a) Except as otherwise provided in this Code section, an agreement by a creditor to receive less than the amount of his debt cannot be pleaded as an accord and satisfaction unless it is actually executed by the payment of the money, the giving of additional security, the substit…

O.C.G.A. § 13-4-104 Parties bound by accord and satisfaction

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An accord and satisfaction is binding upon both parties. (Orig. Code 1863, § 2823; Code 1868, § 2831; Code 1873, § 2882; Code 1882, § 2882; Civil Code 1895, § 3736; Civil Code 1910, § 4330; Code 1933, § 20-1205.)

O.C.G.A. § 13-4-21 Code Commission notes

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— Pursuant to Code Section 28-9-5, in 1996, a comma was inserted after ‘‘ﬁnal’’ near the end of paragraph (1). COMMENT This section carries forward former OCGA Secs. 53-7-7 through 53-7-11. Paragraph (3) also includes an authorization for the personal representative to fulﬁll the…

O.C.G.A. § 13-4-26 Rescission for fraud

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Rights of vendor as to reclamation of goods where contract rescinded for fraud. Rescission for nonperformance. Article 5 Requirements as to performance of contractual obligations generally. Effect of act of God. Effect of refusal of party to perform concurrent condition upon offe…

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…

O.C.G.A. § 13-6-1 Purpose of damages

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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.)

O.C.G.A. § 13-6-10 Damages and expenses recoverable — Exemplary damages

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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.)

O.C.G.A. § 13-6-11 Morgan v

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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…

O.C.G.A. § 13-6-12 Effect of tender or deposit in court before trial upon recovery of costs

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If the defendant in an action for breach of contract, before trial, tenders to the plaintiff or deposits in court as much as or more than he finally recovers, no costs shall be recovered accruing subsequent to the tender or deposit. (Orig. Code 1863, § 2887; Code 1868, § 2895; Co…

O.C.G.A. § 13-6-13 Surgijet, Inc

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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…

O.C.G.A. § 13-6-14 Number of actions for breach of contract

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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…

O.C.G.A. § 13-6-15 Damages for writing bad checks

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(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…

O.C.G.A. § 13-6-2 Measure of damages — Generally

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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,…

O.C.G.A. § 13-6-3 Measure of damages — Breach of bond

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(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…

O.C.G.A. § 13-6-4 Determination of damages generally

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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…

O.C.G.A. § 13-6-5 Duty of injured party to lessen damages resulting from breach

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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.) History of Code section. — This Code section is derive…

O.C.G.A. § 13-6-6 Damages and expenses recoverable — Nominal damages

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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…

O.C.G.A. § 13-6-7 Damages and expenses recoverable — Liquidated damages generally

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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…

O.C.G.A. § 13-6-8 Damages and expenses recoverable — Remote or consequential damages

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Remote or consequential damages are not recoverable unless they can be traced solely to the breach of the contract or unless they are capable of exact computation, such as the profits which are the immediate fruit of the contract, and are independent of any collateral enterprise …

O.C.G.A. § 13-6-9 Damages and expenses recoverable — Expenses necessary for compliance with contract

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Any necessary expense which one of two contracting parties incurs in complying with the contract may be recovered as damages. (Orig. Code 1863, § 2891; Code 1868, § 2899; Code 1873, § 2950; Code 1882, § 2950; Civil Code 1895, § 3806; Civil Code 1910, § 4402; Code 1933, § 20-1414.…

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. § 13-7-10 Allowance of setoff of value of improvements against claim for mesne profits

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The value of improvements made by one bona fide in possession under a claim of right may be set off against a claim for mesne profits. (Orig. Code 1863, § 2847; Code 1868, § 2855; Code 1873, § 2906; Code 1882, § 2906; Civil Code 1895, § 3753; Civil Code 1910, § 4347; Code 1933, §…

O.C.G.A. § 13-7-11 Allowance of setoff of debt not due against claim of nonresident or insolvent plaintiff

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If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable terms as may be prescribed by the court. (Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755…

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. § 13-7-13 Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff

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Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract. If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff. (Orig. Code 18…

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. CHAPTER 8 ILLEGAL AND VOID CONTRACTS GENERALLY Sec.

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.)