GA Code § 13-5-8 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 5 - Defenses|Article 1 - General Provisions|§ 13-5-8. Noncompliance With Condition, Failure of Consideration, or Other Act as Defense

 A condition, precedent or subsequent, not complied with, insufficiency or failure of consideration, or any act of the opposite party, by which the obligation of the contract has ceased, may be pleaded as a defense.   (Orig. Code 1863, § 2798; Code 1868, § 2806; Code 1873, § 2857; Code 1882, § 2857; Civil Code 1895, § 3707; Civil Code 1910, § 4301; Code 1933, § 20-902.)   Cross references.   - General rules of pleading and requirement of setting forth failure of consideration as an affirmative defense, § 9-11-8.    Pleading of special matters, § 9-11-9.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Conditions Precedent   Failure of Consideration    RESEARCH REFERENCES   C.J.S.   - 17A C.J.S., Contracts, §§ 548, 552.   ALR.    - Presence of noxious weeds as ground for rescission of contract for purchase of land, 2 A.L.R. 1511.    Rights and remedies in respect of the property upon the death, in the lifetime of grantor, of the grantee in a deed in consideration of future support, 34 A.L.R. 136.    Rights and remedies as between parties to a conditional sale after the seller has repossessed himself of the property, 37 A.L.R. 91; 83 A.L.R. 959; 99 A.L.R. 1288; 49 A.L.R.2d 15.    Failure to make promised improvements on land as ground for rescission of contract for purchase of part thereof, 67 A.L.R. 809.    Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 118 A.L.R. 646.    Architect's or engineer's compensation as affected by inability to carry out plan or specifications at amount satisfactory to employer, 127 A.L.R. 410.    Performance by vendor of covenant to make improvement as condition of his right to foreclose or forfeit contract, 128 A.L.R. 656.    Agreement postponing payment of preexisting debt until happening of some specific contingency wholly or partially within debtor-promisor's control as requiring payment within a reasonable time, even though the contingent event has not occurred, 148 A.L.R. 1075.    Rights of parties to contract the performance of which is interfered with or prevented by war conditions or acts of government in prosecution of war, 158 A.L.R. 1446.    Rights of parties to a timber contract upon failure of purchaser to remove the timber within the time fixed or within a reasonable time, 164 A.L.R. 423.   Broker's liability to prospective purchaser for refund of deposit or earnest money where contract fails because of defects in vendor's title, 38 A.L.R.2d 1382.   Construction and effect of provision in private building and construction contract that work must be done to satisfaction of owner, 44 A.L.R.2d 1114.   Rights and duties of parties to conditional sales contract as to resale of repossessed property, 49 A.L.R.2d 15.   Effect of provision in real-estate option or land sale contract making the contract subject to zoning or rezoning of the property, 76 A.L.R.2d 1195.   Right of lessor to cancel oil or gas lease for breach of implied obligation to explore and develop further after initial discovery of oil or gas, in absence of showing reasonable expectation of profit to lessee from further drilling, 79 A.L.R.2d 792.   Construction and effect of clause making lease contingent or conditional upon the lessee obtaining a use permit from public building or zoning authorities, 90 A.L.R.2d 1031.   Failure of artisan or construction contractor to comply with statute or regulation requiring a work permit or submission of plans as affecting his right to recover compensation from contractee, 26 A.L.R.3d 1395.   Breach or repudiation of contract as affecting right to enforce arbitration clause therein, 32 A.L.R.3d 377.   Lessee's breach of or default under lease agreement as affecting his right in respect of option to purchase under the lease, 53 A.L.R.3d 435.   Failure of vendor to comply with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable, 77 A.L.R.3d 1058.   Sufficiency of real-estate buyer's efforts to secure financing upon which sale is contingent, 78 A.L.R.3d 880.   Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.   Inability to obtain license, permit, or charter required for tenant's business as defense to enforcement of lease, 89 A.L.R.3d 329.   Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.