reglab/housing_qa huggingface dataset:
GA Code § 13-3-44 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 3 - Elements and Formation Generally|Article 3 - Consideration|§ 13-3-44. Effect of Promise Which Is Reasonably Expected to Induce Action or Forbearance by Promisee or Third Person; Requirement as to Proof of Reliance in Cases of Charitable Subscriptions or Marriage Settlements

  A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.   A charitable subscription or a marriage settlement is binding under subsection (a) of this Code section without proof that the promise induced action or forbearance.    (Code 1933, § 20-302.2, enacted by 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 surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For note, "Promissory Estoppel in Georgia," see 2 Mercer L. Rev. 405 (1951). For note, "Contingency Financing Clauses in Real Estate Sales Contracts in Georgia," see 8 Ga. L. Rev. 186 (1973).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Promissory Estoppel   Mutual Subscriptions
GA Code § 13-3-45 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 3 - Elements and Formation Generally|Article 3 - Consideration|§ 13-3-45. Effect of Partially Valid Consideration; Effect of Illegal Consideration

 If the consideration is good in part and void in part, the promise will or will not be sustained, depending upon whether it is entire or severable. If the consideration is illegal in whole or in part, the whole promise fails.   (Orig. Code 1863, § 2709; Code 1868, § 2703; Code 1873, § 2745; Code 1882, § 2745; Civil Code 1895, § 3662; Civil Code 1910, § 4247; Code 1933, § 20-305.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 230, 231.   C.J.S.   - 17 C.J.S., Contracts, § 130. 17A C.J.S., Contracts, § 288.
GA Code § 13-3-47 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 3 - Elements and Formation Generally|Article 3 - Consideration|§ 13-3-47. Effect of Impossible and Possible but Improbable Consideration

 An impossible consideration is insufficient to sustain any promise; however, if the consideration is possible but improbable, it is sufficient to sustain the promise.   (Orig. Code 1863, § 2710; Code 1868, § 2704; Code 1873, § 2746; Code 1882, § 2746; Civil Code 1895, § 3663; Civil Code 1910, § 4248; Code 1933, § 20-309.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 104, 106, 418, 424, 425.   C.J.S.   - 17 C.J.S., Contracts, § 129.   ALR.    - Promise of additional compensation for completing building or construction contract, 138 A.L.R. 136.
GA Code § 13-4-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 1 - General Provisions|§ 13-4-2. Alteration of Written Contract - Determination of Materiality of Alteration; Determination of Fact of Alteration

 The materiality of an alteration is a question of law for the court; the fact of an alteration is a question for the jury.   (Orig. Code 1863, § 2794; Code 1868, § 2802; Code 1873, § 2853; Code 1882, § 2853; Civil Code 1895, § 3703; Civil Code 1910, § 4297; Code 1933, § 20-803.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 459, 465.
GA Code § 13-4-3 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 1 - General Provisions|§ 13-4-3. Alteration of Written Contract - Requirement of Preliminary Proof as to Material Alteration

 If the contract is not set forth as the basis of the action, so as to require a denial under oath, an alteration in a material part requires explanation before it can be admitted as evidence. This preliminary proof shall be submitted to the court.   (Orig. Code 1863, § 2795; Code 1868, § 2803; Code 1873, § 2854; Code 1882, § 2854; Civil Code 1895, § 3704; Civil Code 1910, § 4298; Code 1933, § 20-804.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, § 145.   C.J.S.   - 17A C.J.S., Contracts, §§ 577, 607, 628.
GA Code § 13-4-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 1 - General Provisions|§ 13-4-4. Effect of Mutual Departure From Contract Terms

 Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given to the other of intention to rely on the exact terms of the agreement. The contract will be suspended by the departure until such notice.   (Civil Code 1895, § 3642; Civil Code 1910, § 4227; Code 1933, § 20-116.)   Cross references.   - Retraction of waiver or modification of contract terms under Uniform Commercial Code, § 11-2-209.    Course of performance as modification or waiver of contract terms under Uniform Commercial Code, § 11-2-208.   Law reviews.   - For article surveying Georgia cases dealing with commercial law from June 1977 through May 1978, see 30 Mercer L. Rev. 15 (1978). For article surveying Georgia cases in the area of commercial law from June 1979 through May 1980, see 32 Mercer L. Rev. 11 (1980). For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Notice   Sufficiency a Jury Question    OPINIONS OF THE ATTORNEY GENERAL   For section to apply, circumstances must be such as to imply mutual new agreement.    - While it was true, as recognized by former Code 1933, §§ 20-115 and 20-116 (see O.C.G.A. §§ 13-4-4 and13-4-5), that parties may depart from terms of original contract, and that such departure will imply modification of contract, in order for rule to apply it was necessary that circumstances be such as will in law imply mutual new agreement, so that modification, when taken in connection with new contract will provide new and distinct agreement, complete in its terms. 1948-49 Op. Att'y Gen. p. 27.   RESEARCH REFERENCES   ALR.    - Effect, after lapse of full period, or attempt to terminate contract without notice, or upon notice allowing a shorter period than that stipulated, 35 A.L.R. 893.    Waiver or estoppel by previous custom of insurer to accept premiums upon tender not in compliance with provisions of policy as applicable where tender according to previous custom was refused, 136 A.L.R. 1219.    Existence of more than one contract between owner and contractor as affecting notice or filing of mechanic's lien by materialman or subcontractor, 175 A.L.R. 330.   Effect, as between landlord and tenant, of lease clause restricting the keeping of pets, 114 A.L.R.5th 443.
GA Code § 13-4-22 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 2 - Performance|§ 13-4-22. Effect of Refusal of Party to Perform Concurrent Condition Upon Offer of Performance by Other Party

 Where the conditions as to performance of a contract are concurrent, if one party offers to perform and the other refuses to perform, the first shall be discharged from the performance of his part of the contract and may maintain an action against the other.   (Civil Code 1895, § 3708; Civil Code 1910, § 4302; Code 1933, § 20-903.)   Law reviews.   - For note, "Contingency Financing Clauses in Real Estate Sales Contracts in Georgia," see 8 Ga. L. Rev. 186 (1973).   JUDICIAL DECISIONS    Party voluntarily placing oneself in position where one cannot perform releases other party from any further duty to comply with contingencies as condition precedent to suit. Rollins v. Gault, 153 Ga. App. 781, 266 S.E.2d 560 (1980).    Rescission of contract must go to the whole. There can be no rescission of the contract in part. Baker v. Corbin, 148 Ga. 267, 96 S.E. 428 (1918).    Cited in Biggers v. Pace, 5 Ga. 171 (1848); Ensign v. Sharp, 72 Ga. 708 (1884); Collier v. Weyman & Connors, 114 Ga. 944, 41 S.E. 50 (1902); McLeod v. Hendry, 126 Ga. 167, 54 S.E. 949 (1906); Baker v. Corbin, 148 Ga. 267, 96 S.E. 428 (1918); Garrison Motor Co. v. Parrish, 52 Ga. App. 766, 184 S.E. 766 (1936); Gibbs v. H.T. Henning Co., 189 Ga. 675, 7 S.E.2d 238 (1940); James H. Craggs Constr. Co. v. King, 274 F.2d 1 (5th Cir. 1960); American Fletcher Mtg. Co. v. First Am. Inv. Corp., 463 F. Supp. 186 (N.D. Ga. 1978); Eastview Healthcare, LLC v. Synertx, Inc., 296 Ga. App. 393, 674 S.E.2d 641 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 321 et seq., 355 et seq., 359, 362.   C.J.S.   - 17A C.J.S., Contracts, § 345.   ALR.    - Presence of noxious weeds as ground for rescission of contract for purchase of land, 2 A.L.R. 511.    Motive as affecting the exercise of a contractual right, as between parties to the contract, 25 A.L.R. 977.    Party who insisted that contract be performed notwithstanding total breach or repudiation by other party as entitled to change his position and decline to perform on his own part, where other party did not proceed with performance or otherwise alter his position in reliance on a supposition of performance, 143 A.L.R. 489.   Measure or basis of attorney's recovery on express contract fixing noncontingent fees, where he is discharged without cause or fault on his part, 54 A.L.R.2d 604.
GA Code § 13-4-23 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 2 - Performance|§ 13-4-23. Effect of Nonperformance Caused by Conduct of Other Party

 If the nonperformance of a party to a contract is caused by the conduct of the opposite party, such conduct shall excuse the other party from performance.   (Orig. Code 1863, § 2814; Code 1868, § 2822; Code 1873, § 2873; Code 1882, § 2873; Civil Code 1895, § 3727; Civil Code 1910, § 4321; Code 1933, § 20-1104.)   RESEARCH REFERENCES   ALR.    - Appointment of receiver as excuse for nonperformance of contract, 33 A.L.R. 499.    Claim in receivership for breach of contract which was still executory when receiver was appointed, 33 A.L.R. 508.    Early death of vendor as affecting enforcement of contract to convey in consideration of contract for his or her support for life, 49 A.L.R. 601.   Necessity of showing damage to establish fraud as defense to action on contract, 91 A.L.R.2d 346.
GA Code § 13-4-24 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 2 - Performance|§ 13-4-24. Requirements for and Effect of Tender Generally

 A tender properly made may be equivalent to performance. The tender must be certain and unconditional, except for a receipt in full or delivery of the obligation, and may be made by an agent and to an agent authorized to receive. The tender must be in full payment of the specific debt, and not in part, and may be made at any time before trial. If tender is rejected on grounds unrelated to informality, informality cannot afterward be raised in objection to the tender.   (Orig. Code 1863, § 2815; Code 1868, § 2823; Code 1873, § 2874; Code 1882, § 2874; Civil Code 1895, § 3728; Civil Code 1910, § 4322; Code 1933, § 20-1105.)   Law reviews.   - For article discussing the historical background of the doctrine of tender and its application in Georgia, see 21 Mercer L. Rev. 413 (1969).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Medium or Form of Tender   Incomplete Tender   Conditional Tender   When Tender Excused    RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Tender, § 6 et seq.   C.J.S.   - 17A C.J.S., Contracts, §§ 452, 480 et seq., 630.   ALR.    - Tender as affected by insufficiency of amount offered, 5 A.L.R. 1226.    Necessity of keeping tender good in equity, 12 A.L.R. 938.    Meaning of "by" as fixing time for performance of an act or happening of an event, 21 A.L.R. 1543.    Right of purchaser to opportunity to pay in cash where tender has been made in other medium, 23 A.L.R. 630; 46 A.L.R. 914.    When instrument deemed payable at a "special place" within the provision of the Uniform Negotiable Instruments Law making ability and willingness to pay at such place equivalent to tender, 24 A.L.R. 1050.    Payment or tender of unpaid purchase money as condition precedent to the right of a purchaser of land to rescind on the ground of defects in or want of title, 40 A.L.R. 693.    Tender by check, 51 A.L.R. 393.    Necessity that tender required as condition of enforcement of right or remedy under contract for sale of real property be made to an assignee of the other party, 88 A.L.R. 196.   Creditor's failure to disclose correct amount due as affecting sufficiency of debtor's tender of amount which debtor believes to be due, but which is less than amount actually due, 82 A.L.R.3d 1178.   Right of judgment creditor to demand that debtor's tender of payment be in cash or by certified check rather than by uncertified check, 82 A.L.R.3d 1199.
GA Code § 13-4-25 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 2 - Performance|§ 13-4-25. Tender of Chattels

 A valid tender of chattels transfers the title thereto to the person bound to receive; and the possession of the promisor, if he retains possession from that time, is for the benefit of the owner but without liability to account for profits or for more than ordinary prudence in preservation and protection of the chattels.   (Orig. Code 1863, § 2818; Code 1868, § 2826; Code 1873, § 2877; Code 1882, § 2877; Civil Code 1895, § 3731; Civil Code 1910, § 4325; Code 1933, § 20-1108.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Tender, § 33.   C.J.S.   - 17A C.J.S., Contracts, § 486.
GA Code § 13-4-26 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 2 - Performance|§ 13-4-26. Delivery on Demand; Delivery at Certain Time and Place

 If the promise of a party is to deliver on demand, the demand must be reasonable as to time, place, and manner; if the promise is to deliver at a certain time and place, a tender at the time and place is effective though the receiver is not present.   (Orig. Code 1863, § 2817; Code 1868, § 2825; Code 1873, § 2876; Code 1882, § 2876; Civil Code 1895, § 3730; Civil Code 1910, § 4324; Code 1933, § 20-1107.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 334, 356, 357, 359, 428, 499, 503, 508.   C.J.S.   - 17A C.J.S., Contracts, §§ 456, 478 et seq., 503, 590, 630.   ALR.    - When instrument deemed payable at a "special place" within the provision of the Uniform Negotiable Instruments Law making ability and willingness to pay at such place equivalent to tender, 24 A.L.R. 1050.   Timeliness of notice of exercise of option to purchase realty, 87 A.L.R.3d 805.
GA Code § 13-4-40 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 3 - Payment|§ 13-4-40. Payment to Creditor or Agent

 Payment of money due to a creditor or his agent shall be sufficient to discharge the debtor upon the obligation; and, if such agent receives property other than currency in satisfaction of the obligation, the creditor is bound thereby.   (Orig. Code 1863, § 2805; Code 1868, § 2813; Code 1873, § 2864; Code 1882, § 2864; Civil Code 1895, § 3717; Civil Code 1910, § 4311; Code 1933, § 20-1001.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Payment, §§ 48, 102.   C.J.S.   - 70 C.J.S., Payment, §§ 3, 4.   ALR.    - Request to remit as authorizing payment by post, 2 A.L.R. 1646.    Right of purchaser to opportunity to pay in cash where tender has been made in other medium, 11 A.L.R. 811; 23 A.L.R. 630; 46 A.L.R. 914.    Construction of contract or regulations regarding time of payment for public utility service, 97 A.L.R. 982.    Contract to pay when the financial condition of business permits, 99 A.L.R. 1523.    Implied or ostensible authority to receive payments of principal of one who has authority to receive payments of interest, 111 A.L.R. 578.   Conveyance or surrender of property as an accord and satisfaction of contract obligation, 59 A.L.R.5th 665.
GA Code § 13-4-41 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 3 - Payment|§ 13-4-41. Payment by Mail

 Payment by mail shall be made at the risk of the debtor unless done by direction, either express or implied, of the creditor or his agent.   (Orig. Code 1863, § 2807; Code 1868, § 2815; Code 1873, § 2866; Code 1882, § 2866; Civil Code 1895, § 3719; Civil Code 1910, § 4313; Code 1933, § 20-1003.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Payment, §§ 10, 118.   C.J.S.   - 70 C.J.S., Payment, §§ 9, 107 et seq.   ALR.    - Request to remit as authorizing payment by post, 2 A.L.R. 1646.    Deposit of insurance dues in mail as payment preventing forfeiture, 47 A.L.R. 886.
GA Code § 13-4-42 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 3 - Payment|§ 13-4-42. Appropriation of Payments

 When a payment is made by a debtor to a creditor holding several demands against him, the debtor shall have the right to direct the claim to which it shall be appropriated. If the debtor fails to do so, the creditor shall have the right to appropriate the payment at his election. If neither party exercises the privilege, the law shall direct the application in such manner as shall be reasonable and equitable, both as to the parties and third persons, provided that, as a general rule, the oldest lien and the oldest item in an account shall be paid first, the presumption of law being that such is the intention of the parties.   (Orig. Code 1863, § 2810; Code 1868, § 2818; Code 1873, § 2869; Code 1882, § 2869; Civil Code 1895, § 3722; Civil Code 1910, § 4316; Code 1933, § 20-1006; Ga. L. 1982, p. 3, § 13.)   Law reviews.   - For article, "Caveat Venditor: The Material Supplier's Dilemma on a Construction Project," see 28 Ga. St. B.J. 154 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application by Parties   Application by Court    OPINIONS OF THE ATTORNEY GENERAL    Tax collector may accept present taxes when tendered although there are back taxes due  by taxpayer so tendering. 1957 Op. Att'y Gen. p. 279.   RESEARCH REFERENCES   C.J.S.   - 70 C.J.S., Payment, § 59 et seq.   ALR.    - Application of payments made without specific appropriation, as between secured and unsecured items, 97 A.L.R. 345.   Application of payments as between debts for which a surety or guarantor is bound and those for which he is not, 57 A.L.R.2d 855.
GA Code § 13-4-43 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 4 - Modification, Extinguishment, and Renewal|Article 3 - Payment|§ 13-4-43. Provision Requiring One Party to Reimburse Other for Federal Manufacturer's Excise Tax; Right of Reimbursing Party Relating to Timing of Payments

  When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b) of this Code section.   The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service.   Should a party choose to exercise the option provided in subsections (a) and (b) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole.Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b) of this Code section except to require the payment of such taxes under such option to be made by electronic transfer of funds.   The party exercising the option set out in subsections (a) and (b) of this Code section shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.   This Code section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1993.   The option set out in subsections (a) and (b) of this Code section shall not be construed to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (a) and (b) of this Code section be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered.     (Code 1981, §13-4-43, enacted by Ga. L. 1993, p. 1028, § 1.)