GA Code § 13-3-1 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 3 - Elements and Formation Generally|Article 1 - General Provisions|§ 13-3-1. Essentials of Contracts Generally

 To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.   (Orig. Code 1863, § 2682; Code 1868, § 2678; Code 1873, § 2720; Code 1882, § 2720; Civil Code 1895, § 3637; Civil Code 1910, § 4222; Code 1933, § 20-107.)   Cross references.   - Formation of contracts under Uniform Commercial Code, § 11-2-204.    Acceptance of offer under Uniform Commercial Code, §§ 11-2-206,11-2-207.    Consideration is essential to a contract, § 13-3-40.    Correlation of capacity to contract with capacity to make will, § 53-2-21.   Law reviews.   - For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For annual survey of law of business associations, see 56 Mercer L. Rev. 77 (2004). For comment on Georgia Power Co. v. Roper, 73 Ga. App. 826, 38 S.E.2d 91 (1946), see 9 Ga. B.J. 89 (1946).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   No Waiver Via Contract.   Consideration   Consideration Shown   Consideration not Shown   Assent to Terms   Requisite Certainty   Subject Matter    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, §§ 18 et seq., 73, 77, 80 et seq., 276 et seq. 29 Am. Jur. 2d, Evidence, §§ 359, 517. 77 Am. Jur. 2d, Vendor and Purchaser, § 18 et seq.   C.J.S.   - 17 C.J.S., Contracts, §§ 25 et seq., 70 et seq., 133.   ALR.    - Acceptance of offer with condition which law would imply, 1 A.L.R. 1508.    Acknowledging receipt of order for goods as an acceptance completing the contract, 10 A.L.R. 683.    Necessity and sufficiency of consideration for modification of real estate broker's contract, 42 A.L.R. 987.    Validity and mutuality of agreement to buy where there is no express agreement to sell, 60 A.L.R. 215.    Liability on the contract of one who without authority assumes to contract for another, 60 A.L.R. 1348.    Validity of agreement to make loans or advances as affected by objection of uncertainty or indefiniteness, 89 A.L.R. 1364.    Validity of contract which leaves amount to be paid in performance thereof to promisor's determination, 92 A.L.R. 1396.    Character and validity of written instrument as a contract for sale of goods as affected by election or option in respect of subject-matter, 105 A.L.R. 1100.    Formal or written instrument as essential to completed contract where the making of such instrument is contemplated by parties to verbal or informal agreement, 122 A.L.R. 1217; 165 A.L.R. 756.    Validity and effect of contract or deed which purports to cover or convey an undivided interest in land without specifying the amount of the interest, 123 A.L.R. 912.    Creditor's statement or assurance to debtor, not supported by a consideration, that payment need not be made at time due, as binding upon creditor by way of estoppel, 124 A.L.R. 1248.    Attempted revocation of offer by letter mailed or telegram filed before, but not received until after, letter or telegram of acceptance was mailed or filed, 125 A.L.R. 989.    Necessity of conscious acceptance as a consideration, when alleged contract was made, of what is relied upon in that regard, 139 A.L.R. 1036.    Validity and enforceability of provision for renewal of lease at rental not determined, 166 A.L.R. 1237.    Validity and construction of contract for exclusive representation of persons participating in, or connected with, entertainment enterprises, 175 A.L.R. 617.   Provision for post-mortem payment or performance as affecting instrument's character and validity as a contract, 1 A.L.R.2d 1178.   Validity of contractual waiver of statute of limitations, 1 A.L.R.2d 1445.   Obligations as between applicant for admission to charitable home, and home, respecting compensation to home, and property rights of applicant, 10 A.L.R.2d 864.   Validity, construction, and effect of contract between grower of vegetable or fruit crops, and purchasing processor, packer, or canner, 87 A.L.R.2d 732.   Right to reward of furnisher of information leading to arrest and conviction of offenders, 100 A.L.R.2d 573.   Requisite definiteness of price to be paid in event of exercise of option for purchase of property, 2 A.L.R.3d 701.   Recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.   Effect, as between stockbroker and customer, of broker's mistaken sale of security other than that intended by customer, 48 A.L.R.3d 513.   Enforceability of voluntary promise of additional compensation because of unforeseen difficulties in performance of existing contract, 85 A.L.R.3d 259.   Requirements as to certainty and completeness of terms of lease in agreement to lease, 85 A.L.R.3d 414.   Knowledge of reward as condition of right thereto, 86 A.L.R.3d 1142.