GA Code § 13-3-42 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 3 - Elements and Formation Generally|Article 3 - Consideration|§ 13-3-42. Acts Which Constitute Consideration; Effect of Consideration Given or Received by Persons Other Than Promisor or Promisee

  To constitute consideration, a performance or a return promise must be bargained for by the parties to a contract.   A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise.   The performance may consist of:   An act other than a promise;   A forbearance; or   The creation, modification, or destruction of a legal relation.     The performance or return promise may be given to the promisor or to some other person. If there is a valid consideration for a promise, it does not matter from whom it moves and it may be given by the promisee or by some other person; the promisee may sustain his action, though a stranger to the consideration.   In mutual subscriptions for a common object, the promise of the others is a good consideration for the promise of each.    (Orig. Code 1863, §§ 2704, 2708, 2711; Code 1868, §§ 2698, 2702, 2705; Code 1873, §§ 2740, 2744, 2747; Code 1882, §§ 2740, 2744, 2747; Civil Code 1895, §§ 3657, 3661, 3664; Civil Code 1910, §§ 4242, 4246, 4249; Code 1933, §§ 20-302, 20-304, 20-306; Ga. L. 1981, p. 876, § 2.)   Law reviews.   - For article discussing the anachronistic nature of the Georgia Contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the Restatements of Contracts and in Code 1933, Title 20 (now this title), and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 499 (1979). (But see amendments by Ga. L. 1981, p. 876.) For article, "Promissory Estoppel and the Georgia Statute of Frauds," see 15 Ga. L. Rev. 204 (1980). For article surveying developments in Georgia contract law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 67 (1981). For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For article, "Considering the Consideration Approach to Classifying Georgia Contracts In Partial Restraint of Trade," see 10 Ga. St. B.J. 18 (2004).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Promises for Benefit of Third Party    OPINIONS OF THE ATTORNEY GENERAL   Required waivers by environmental protection division personnel of liability for injuries lack consideration.   - Requiring environmental protection division personnel to sign waivers of liability for injuries to person or property sustained while on premises for purpose of carrying out their duties of inspection constitutes unreasonable restriction on state's police power and any such waiver is not binding on EPD personnel because of lack of valid consideration. 1976 Op. Att'y Gen. No. 76-121.   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 85, 95, 96.   C.J.S.   - 17 C.J.S., Contracts, § 70 et seq.   ALR.   - Validity and enforceability of contract in consideration of naming child, 21 A.L.R.2d 1061.   Forbearance as sufficient consideration for guaranty, 78 A.L.R.2d 1414.   Validity of agreement to pay royalties for use of patented articles beyond patent expiration date, 3 A.L.R.3d 770.   Right to follow chattel into hands of purchaser who took in payment of preexisting debt, 11 A.L.R.3d 1028.   Sufficiency of consideration for employee stock-option contract, 57 A.L.R.3d 1241.