GA Code § 23-2-31 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 2 - Accident and Mistake|§ 23-2-31. Rescission for Unilateral Mistake of Fact

 Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only.   (Civil Code 1895, § 3982; Civil Code 1910, § 4579; Code 1933, § 37-207.)   Law reviews.   - For article, "Limitations on the Meaning and Impact of DeGarmo v. DeGarmo," see 4 Ga. St. B.J. 20 (1998).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Reformation   Rescission    RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Equity, §§ 33, 35, 39.   C.J.S.   - 30 C.J.S., Equity, § 44 et seq.   ALR.    - Rescission of sale of corporate stock on account of mutual mistake due to error in corporate books, 5 A.L.R. 255.    Relief from contract of sale because of mistake as to amount of commodity which it calls for, 31 A.L.R. 384.    Right to reformation of contract or instrument as affected by intervening rights of third persons, 44 A.L.R. 78; 79 A.L.R.2d 1180.    Right to cancellation in equity of an instrument not invalid on its face in which one is named as a party without his consent, 51 A.L.R. 867.    Unilateral mistake as basis of bill in equity to rescind the contract, 59 A.L.R. 809.    Mistaken belief that contract bound one's principal, and not himself personally, as ground for reformation, 71 A.L.R. 1307.    Reformation of memorandum relied upon to take an oral contract out of the statute of frauds, 73 A.L.R. 99.    Right of present claimant of title as against original or intermediate grantor to reformation to correct error in description common to conveyances in chain of title, 89 A.L.R. 1444.    Right of vendor in contract for sale or exchange of real property to bring suit for forfeiture, foreclosure, or rescission, or to quiet title or recover possession, without first giving notice, or making demand for possession, 94 A.L.R. 1239.    Action involving rescission or right to rescind contract and to recover amount paid thereunder as one at law or in equity, 95 A.L.R. 1000.    Jurisdiction of court of law to avoid or reform release of claim for personal injuries on ground of mutual mistake, 96 A.L.R. 1144.    Avoidance on ground of fraud, mistake, duress, or mental incompetency of otherwise validly effected change of beneficiaries of insurance policies, 105 A.L.R. 950.    Assignability of right to rescind or of right to return of money or other property as incident of rescission, 110 A.L.R. 849; 162 A.L.R. 743.    Right of third person entitled to maintain an action at law on a contract between other parties, or to garnish indebtedness thereunder, to maintain a suit for its reformation, 112 A.L.R. 909.    Rescission of contract as affecting right to recover damages for fraud in procuring it, 120 A.L.R. 1154.    Concealment of fact that one of parties to land contract was acting for third person, or misrepresentation as to identity of party for whom he was acting as reason for denying specific performance, or for rescission of contract, 121 A.L.R. 1162.    Right of insurer to reformation of policy or other relief because of its own error, not due to misrepresentation by insured, in computing premiums, indemnity, or other benefits or options under policy, 125 A.L.R. 1058.    Reformation on ground of mutual mistake regarding character or extent of estate or title imported by language used in instrument, 141 A.L.R. 826.    Mistake by one party to contract as to identity of other party who acted in good faith, 147 A.L.R. 1171.    Partial rescission of contract, 148 A.L.R. 417.    Mistake as to existence, practicability of removal, or amount of minerals as ground for relief from mineral lease, 163 A.L.R. 878.   Relief by way of rescission or adjustment of purchase price for mutual mistake as to quantity of land, where the sale is in gross, 1 A.L.R.2d 9.   Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.   Venue of action for rescission or cancellation of contract relating to interests in land, 77 A.L.R.2d 1014.   Negligence in executing contract as affecting right to have it reformed, 81 A.L.R.2d 7.   Reformation of property insurance policy to correctly identify the person or interest insured, 25 A.L.R.3d 580.   Right of bank certifying check or note by mistake to cancel, or avoid effect of, certification, 25 A.L.R.3d 1367.   Vendor and purchaser: mutual mistake as to physical condition of realty as ground for rescission, 50 A.L.R.3d 1188.   Reformation of usurious contract, 74 A.L.R.3d 1239.   Requirements for and Confirmations of Bankruptcy Plans for Churches, Dioceses, and Archdioceses Under 11 U.S.C.A. § 1129, 36 A.L.R. Fed. 3d Art. 2.   Determinations Whether Federal Agency Actions Relating to Power Generation Operations Constituted Major Federal Actions for Purposes of § 102(2)(C) of National Environmental Policy Act (NEPA) (42 U.S.C.A. § 4332(2)(C)), 36 A.L.R. Fed. 3d Art. 3.   Federal Contractor's Right to Equitable Adjustment for Differing or Changed Site Conditions, 36 A.L.R. Fed. 3d Art. 7.