reglab/housing_qa huggingface dataset:
GA Code § 11-2-501 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-501. Insurable Interest in Goods; Manner of Identification of Goods

  The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs:     When the contract is made if it is for the sale of goods already existing and identified;   If the contract is for the sale of future goods other than those described in paragraph (c) of this subsection, when goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers;   When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting whichever is longer.    The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.   Nothing in this Code section impairs any insurable interest recognized under any other statute or rule of law.   (Code 1933, § 109A-2 - 501, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977). For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS    Cited in First Nat'l Bank & Trust Co. v. Smithloff, 119 Ga. App. 284, 167 S.E.2d 190 (1969); Promech Corp. v. Brodhead-Garrett Co., 131 Ga. App. 314, 205 S.E.2d 511 (1974); International Harvester Credit Corp. v. Associates Fin. Servs. Co., 133 Ga. App. 488, 211 S.E.2d 430 (1974); Trust Co. v. Thompson, 133 Ga. App. 866, 212 S.E.2d 498 (1975); Redfern Meats, Inc. v. Hertz Corp., 134 Ga. App. 381, 215 S.E.2d 10 (1975); Western Publishing Co. v. International Horizons, Inc., 21 Bankr. 414 (N.D. Ga. 1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 962.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:378.   C.J.S.   - 44 C.J.S., Insurance, §§ 218-221.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-501.
GA Code § 11-2-502 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-502. Buyer's Right to Goods on Seller's Insolvency

  Subject to subsections (2) and (3) of this Code section and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of Code Section 11-2-501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:     In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or   In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price.    The buyer's right to recover the goods under paragraph (a) of subsection (1) of this Code section vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.   If the identification creating the buyer's special property has been made by the buyer he or she acquires the right to recover the goods only if they conform to the contract for sale.   (Code 1933, § 109A-2 - 502, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2001, p. 362, § 7.)    The 2001 amendment,  effective July 1, 2001, in the introductory language of subsection (1), substituted "subsections (2) and (3)" for "subsection (2)" near the beginning, substituted "the buyer" for "he" in the middle, and substituted "if:" for "if the seller becomes insolvent within ten days after receipt of the first installment on their price." at the end, and added paragraphs (1)(a) and (1)(b); added subsection (2); redesignated former subsection (2) as present subsection (3), and, in subsection (3), substituted "the buyer's" for "his" and substituted "or she" for "he".   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2001, "buyer he or she" was substituted for "buyer or she" in subsection (3).   RESEARCH REFERENCES   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:392.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-502.
GA Code § 11-2-504 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-504. Shipment by Seller

 Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must:    Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and   Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and   Promptly notify the buyer of the shipment.  Failure to notify the buyer under paragraph (c) of this Code section or to make a proper contract under paragraph (a) of this Code section is a ground for rejection only if material delay or loss ensues.     (Code 1933, § 109A-2 - 504, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 528, 529.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:434, 2:456.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-504.   ALR.    - Failure to ship by carrier designated by buyer as affecting passing of title, 31 A.L.R. 955.    Means of transportation contemplated by provision relating to "freight rates" in contract, 83 A.L.R. 1306.    Buyer's duty to give seller instructions to ship where former has not exercised his option under contract to require shipment before time specified, 119 A.L.R. 1495.
GA Code § 11-2-506 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-506. Rights of Financing Agency

  A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer.   The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.    (Code 1933, § 109A-2 - 506, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 2-9/HB 451.)    The 2010 amendment,  effective May 27, 2010, deleted "on its face" following "regular" at the end of subsection (2). See the Editor's notes for applicability.   Editor's notes.   - Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.   Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68A Am. Jur. 2d, Secured Transactions, § 13.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:370, 2:434.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-506.   ALR.   - Repossession by secured seller as affecting his right to recover on note or other obligation given as a down payment, 49 A.L.R.3d 364.
GA Code § 11-2-507 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-507. Effect of Seller's Tender; Delivery on Condition

  Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.   Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.    (Code 1933, § 109A-2 - 507, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:434.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-507.   ALR.    - Effect of premature tender of goods which is refused by the buyer, 47 A.L.R. 193.    Necessity of proving specific reason for injury or damage to shipment of fruit or vegetables in order to overcome prima facie case against carrier where shipment was received in good condition and delivered in bad condition, 115 A.L.R. 1274.
GA Code § 11-2-508 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-508. Cure by Seller of Improper Tender or Delivery; Replacement

  Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.   Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.    (Code 1933, § 109A-2 - 508, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979). For note, "David Tunick, Inc. v. Kornfield: Applying U.C.C. Section 2-716 and Uniqueness to a Section 2-508 Analysis," see 45 Mercer L. Rev. 1407 (1994).   JUDICIAL DECISIONS   Breach of express warranty not found.    - Manufacturer did not breach its express warranty as the manufacturer addressed each defect in a vehicle as it arose, most repairs were made within days, and the only extended delay was the result of the buyer's decision to postpone bringing the vehicle into the repair facility. Knight v. Am. Suzuki Motor Corp., 272 Ga. App. 319, 612 S.E.2d 546 (2005).    Manufacturer's express warranty on a vehicle was not governed by the Magnuson-Moss Warranty Act, specifically 15 U.S.C. § 2304, but was governed by the Uniform Commercial Code, O.C.G.A. §§ 11-2-508,11-2-605, and11-2-607(3)(a) as the warranty was a limited warranty. Knight v. Am. Suzuki Motor Corp., 272 Ga. App. 319, 612 S.E.2d 546 (2005).    Cited in Hill Aircraft & Leasing Corp. v. Planes, Inc., 169 Ga. App. 161, 312 S.E.2d 119 (1983); Wolfes v. Terrell, 173 Ga. App. 835, 328 S.E.2d 569 (1985); Mauk v. Pioneer Ford Mercury, 308 Ga. App. 864, 709 S.E.2d 353 (2011).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 578-584.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:434.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-508.   ALR.    - Effect of premature tender of goods which is refused by the buyer, 47 A.L.R. 193.   Seller's cure of improper tender or delivery under UCC § 2-508, 36 A.L.R.4th 544.
GA Code § 11-2-510 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-510. Effect of Breach on Risk of Loss

  Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.   Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.   Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.    (Code 1933, § 109A-2 - 510, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS   No breach of contract established.    - Jury properly determined that the defendant did not bear the loss of a helicopter crash because there was some evidence upon which the jury could rely in concluding that the defendant did not breach the agreement between the parties and the jury made a special finding that under the aircraft purchase agreement, the risk of loss remained with the plaintiff despite the defendant's agreement to make additional repairs. Eagle Jets, LLC v. Atlanta Jet, Inc., 321 Ga. App. 386, 740 S.E.2d 439 (2013).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 413, 428-430.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:487.   C.J.S.   - 77A C.J.S., Sales, § 214.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-510.   ALR.    - Applicability of provision in contract of sale for return of article, where article delivered does not answer to description, 30 A.L.R. 321.    Provisions of sales contract relating to party to bear the loss from insolvency of or breach of contract by bank through which paper representing price is routed for collection, 99 A.L.R. 1472.   Upon whom loss from theft or the like falls, where seller turns over goods at buyer's premises, 50 A.L.R.2d 330.   Who bears risk of loss of goods under UCC § 2-509 and § 2-510, 66 A.L.R.3d 145.
GA Code § 11-2-512 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-512. Payment by Buyer Before Inspection

  Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:     The nonconformity appears without inspection; or   Despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this title (Code Section 11-5-109).    Payment pursuant to subsection (1) of this Code section does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies.   (Code 1933, § 109A-2 - 512, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 995, § 2.)    The 2002 amendment,  effective July 1, 2002, substituted "(Code Section 11-5-109)" for "(Code Section 11-5-114)" at the end of paragraph (1)(b). See Editor's note for applicability.   Editor's notes.   - Ga. L. 2002, p. 995, § 8, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002."   Law reviews.   - For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979).   JUDICIAL DECISIONS    Cited in Givens v. State, 216 Ga. App. 176, 454 S.E.2d 141 (1995).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, § 618.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:417.   C.J.S.   - 77A C.J.S., Sales, § 209.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-512.
GA Code § 11-2-514 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-514. When Documents Deliverable on Acceptance; When on Payment

 Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.   (Code 1933, § 109A-2 - 514, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Carriers, § 367.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:370.   C.J.S.   - 77A C.J.S., Sales, §§ 153, 208.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-514.
GA Code § 11-2-515 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 5 - Performance|§ 11-2-515. Preserving Evidence of Goods in Dispute

 In furtherance of the adjustment of any claim or dispute:    Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test, and sample the goods including such of them as may be in the possession or control of the other; and   The parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.    (Code 1933, § 109A-2 - 515, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 620-622.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:370.   C.J.S.   - 17B C.J.S., Contracts, § 565 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-515.   ALR.   - Conclusiveness of determination of third party whose approval is provided for by contract for sale of goods, 7 A.L.R.3d 555.
GA Code § 11-2-601 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-601. Buyer's Rights on Improper Delivery

 Subject to the provisions of this article on breach in installment contracts (Code Section 11-2-612) and unless otherwise agreed under the Code sections on contractual limitations of remedy (Code Sections 11-2-718 and 11-2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:    Reject the whole; or   Accept the whole; or   Accept any commercial unit or units and reject the rest.    (Code 1933, § 109A-2 - 601, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973).   JUDICIAL DECISIONS    Cited in Tennessee-Virginia Constr. Co. v. Willingham, 117 Ga. App. 290, 160 S.E.2d 444 (1968); Financial Bldg. Consultants, Inc. v. St. Charles Mfg. Co., 145 Ga. App. 768, 244 S.E.2d 877 (1978); Henco Adv., Inc. v. Geographics, Inc., 155 Ga. App. 571, 271 S.E.2d 704 (1980); Hawkins v. UPM, Inc., 159 Ga. App. 231, 283 S.E.2d 87 (1981); Lundy v. Low, 200 Ga. App. 332, 408 S.E.2d 144 (1991); Unipay, Inc. v. Lynk Sys., 251 Ga. App. 674, 555 S.E.2d 78 (2001).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 642-646.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:496.   C.J.S.   - 77A C.J.S., Sales, §§ 189, 197.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-601.   ALR.    - Contract for sale of goods as entire or divisible, 2 A.L.R. 643.    Applicability of provision in contract of sale for return of article, where article delivered does not answer to description, 30 A.L.R. 321.    Misrouting as affecting duty of the buyer to accept goods, 46 A.L.R. 1120.    Sufficiency of buyer's attempt to rescind as affected by his apparent recognition of or insistence upon continuance of seller's obligation under the contract, 118 A.L.R. 530.   Shipper's ratification of carrier's unauthorized delivery or misdelivery, 15 A.L.R.2d 807.   Right of purchaser to decline performance of contract for sale of business or goods because of seller's failure to comply with bulk sales law, 24 A.L.R.2d 1030.   Acceptance of some "commercial units" of goods purchased under UCC § 2-601(C), 41 A.L.R.4th 396.
GA Code § 11-2-603 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods

  Subject to any security interest in the buyer (subsection (3) of Code Section 11-2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.   When the buyer sells goods under subsection (1) of this Code section, he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding 10 percent on the gross proceeds.   In complying with this Code section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.    (Code 1933, § 109A-2 - 603, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 656-658.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:506.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-603.   ALR.    - Liability of purchaser under conditional-sale contract, or one claiming under him, as for conversion, 73 A.L.R. 799.