reglab/housing_qa huggingface dataset:
GA Code § 13-1-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-2. Contract Defined - Executed and Executory Contracts

  An executed contract is one in which all the parties thereto have performed all the obligations which they have originally assumed.   An executory contract is one in which something remains to be done by one or more parties.    (Orig. Code 1863, § 2677; Code 1868, § 2673; Code 1873, § 2715; Code 1882, § 2715; Civil Code 1895, § 3632; Civil Code 1910, § 4217; Code 1933, § 20-102.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, § 5.   C.J.S.   - 17 C.J.S., Contracts, § 8.   ALR.    - Moral obligation as a consideration for an executory promise, 17 A.L.R. 1299; 79 A.L.R. 1346; 8 A.L.R.2d 787.    Agreements in relation to exchange or remittance as within statute of frauds, 19 A.L.R. 1140.    Claim in receivership for breach of contract which was still executory when receiver was appointed, 33 A.L.R. 508.    Assignability of contract to furnish all of buyer's requirement or to take all of seller's output, 39 A.L.R. 1192.    Right of purchaser to acquire and assert outstanding title as against vendor, 40 A.L.R. 1078.    Right of vendee under an executory land contract to a lien for amount paid on the purchase price, 45 A.L.R. 352; 33 A.L.R.2d 1384; 82 A.L.R.3d 1040.    Bankruptcy or insolvency of corporation as affecting its executory contract for the sale of its own stock, 46 A.L.R. 1172.    Vendee's right to recover amount paid under executory contract for sale of land, 59 A.L.R. 189; 102 A.L.R. 852; 134 A.L.R. 1064.    Right of vendee under executory contract to bring action against third person for damage to land, 151 A.L.R. 938.    Enforceability, as between parties, of an executory agreement made in fraud of creditors, 172 A.L.R. 1121.   Moral obligation as consideration for contract - modern trend, 8 A.L.R.2d 787.   Right of vendee under executory land contract to lien for amount paid on purchase price, 33 A.L.R.2d 1384; 82 A.L.R.3d 1040.   Mechanic's lien based on contract with vendor pending executory contract for sale of property as affecting purchaser's interest, 50 A.L.R.3d 944.   Right of vendee under executory land contract to lien for amount paid on purchase price as against subsequent creditors of or purchasers from vendor, 82 A.L.R.3d 1040.
GA Code § 13-1-3 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-3. Contract Defined - Contract of Record

 A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in carrying out the judgment of a court.   (Orig. Code 1863, § 2678; Code 1868, § 2674; Code 1873, § 2716; Code 1882, § 2716; Civil Code 1895, § 3633; Civil Code 1910, § 4218; Code 1933, § 20-103.)   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Contracts, §§ 1, 10.
GA Code § 13-1-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-5. Contract Defined - Simple Contract

  All other contracts than those specified in Code Sections 13-1-2 through 13-1-4 are termed simple contracts.   Simple contracts may either be in writing or rest only in words as remembered by witnesses.    (Orig. Code 1863, §§ 2680, 2681; Code 1868, §§ 2676, 2677; Code 1873, §§ 2718, 2719; Code 1882, §§ 2718, 2719; Civil Code 1895, §§ 3635, 3636; Civil Code 1910, §§ 4220, 4221; Code 1933, §§ 20-105, 20-106.)   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Contracts, §§ 1, 10. 17A C.J.S., Contracts, § 382.   ALR.   - Liability to pay for allegedly unauthorized repairs on motor vehicle, 5 A.L.R.4th 311.
GA Code § 13-1-7 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-7. Contract Defined - Absolute and Conditional Contracts

  A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. In a conditional contract, the covenants are dependent upon each other and the breach of one is a release of the binding force of all dependent covenants.   The classification of every contract must depend upon a rational interpretation of the intention of the parties.    (Orig. Code 1863, § 2683; Code 1868, § 2679; Code 1873, § 2721; Code 1882, § 2721; Civil Code 1895, § 3638; Civil Code 1910, § 4223; Code 1933, § 20-109.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 320 et seq., 355, 361, 362, 443, 445, 449, 507.   C.J.S.   - 17 C.J.S., Contracts, § 10.   ALR.    - Acceptance of offer with condition which law would imply, 1 A.L.R. 1508.    Performance by vendor of covenant to make improvement as condition of his right to foreclose or forfeit contract, 128 A.L.R. 656.    Restrictive clause in employment or sales contract to prevent future competition or performance of services for other affected by breach by party seeking to enforce it, of his own obligations under the contract, 155 A.L.R. 652.    Provision in contract for sale of real property which makes performance conditional upon purchaser's or third person's satisfaction with condition of property, 167 A.L.R. 411.   Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.
GA Code § 13-1-8 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-8. Contract Defined - Entire and Severable Contracts

  A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.   The character of the contract in such case is determined by the intention of the parties.    (Orig. Code 1863, § 2687; Code 1868, § 2683; Code 1873, § 2725; Code 1882, § 2725; Civil Code 1895, § 3643; Civil Code 1910, § 4228; Code 1933, § 20-112.)   Law reviews.   - For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Entire Contracts   Severable Contracts    RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 239 et seq., 315 et seq. 29 Am. Jur. 2d, Evidence, § 860.   C.J.S.   - 17A C.J.S., Contracts, §§ 331 et seq., 458, 502, 511, 627.   ALR.    - Right of beneficiary to enforce contract between third persons to provide for him by will, 2 A.L.R. 1193; 33 A.L.R. 739; 73 A.L.R. 1395.    Failure to comply with statute of frauds as to a part of a contract within the statute as affecting the enforceability of another part not covered by the statute, 71 A.L.R. 479.    Severability of invalid arbitration provisions of contract, 90 A.L.R. 1305.    Validity of stipulation, in contract between attorney and client, prohibiting or restricting right of latter to compromise without former's consent, and effect of invalid stipulation in regard upon rest of contract, 121 A.L.R. 1122.    Entirety or divisibility of building construction contract for two or more separate buildings, 147 A.L.R. 933.   Severability of provisions in collective bargaining labor contracts, 14 A.L.R.2d 846.   Liabilities or risks of loss arising out of contract for repairs or additions to, or installations in, existing building which, without fault of either party, is destroyed pending performance, 28 A.L.R.3d 788.   Construction of provision in real-estate mortgage, land contract, or other security instrument for release of separate parcels of land as payments are made, 41 A.L.R.3d 7.   Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.
GA Code § 13-1-9 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-9. Apportionment of Entire Contracts

 In some cases even an entire contract is apportionable, as where the price to be paid is not fixed, or is by the contract itself apportioned according to time; so, if the failure of one party to perform is caused by the act of the other, the contract may still be apportioned.   (Orig. Code 1863, § 2688; Code 1868, § 2684; Code 1873, § 2726; Code 1882, § 2726; Civil Code 1895, § 3644; Civil Code 1910, § 4229; Code 1933, § 20-113.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 96, 313, 315. 77 Am. Jur. 2d, Vendor and Purchaser, § 53, 521.   C.J.S.   - 17A C.J.S., Contracts, § 502.
GA Code § 13-1-10 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-10. Licenses and Contracts Distinguished

 Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated.   (Civil Code 1895, § 15; Civil Code 1910, § 15; Code 1933, § 20-117.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Licenses and Permits, §§ 2 et seq., 29, 89.   C.J.S.   - 17A C.J.S., Contracts, § 327.   ALR.    - Willful or intentional variation by contractor from terms of contract in regard to material or work as affecting measure of damages, 6 A.L.R. 137.
GA Code § 13-1-12 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-12. Requirement of Proof of Endorsement or Assignment of Bill, Bond, or Note in Action by Endorsee

 When an action is brought by an endorsee, an endorsement or assignment of any bill, bond, or note need not be proved unless denied under oath.   (Laws 1810, Cobb's 1851 Digest, p. 271; Code 1863, § 2796; Code 1868, § 2804; Code 1873, § 2855; Code 1882, § 2855; Civil Code 1895, § 3705; Civil Code 1910, § 4299; Code 1933, § 20-805.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assignments, § 9 et seq. 77 Am. Jur. 2d, Vendor and Purchaser, § 334.   C.J.S.   - 17 C.J.S., Contracts, §§ 81, 87.   ALR.    - Assignability of contract to furnish all of buyer's requirement or to take all of seller's output, 39 A.L.R. 1192.
GA Code § 13-1-13 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-13. Recovery of Voluntary Payments

 Payments of claims made through ignorance of the law or where all the facts are known and there is no misplaced confidence and no artifice, deception, or fraudulent practice used by the other party are deemed voluntary and cannot be recovered unless made under an urgent and immediate necessity therefor or to release person or property from detention or to prevent an immediate seizure of person or property. Filing a protest at the time of payment does not change the rule prescribed in this Code section.   (Civil Code 1895, § 3723; Civil Code 1910, § 4317; Code 1933, § 20-1007.)   Law reviews.   - For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For note on the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982). For comment, "Refocusing Liquidated Damages Law for Real Estate Contracts: Returning to the Historical Roots of the Penalty Doctrine," see 39 Emory L.J. 267 (1990).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Voluntary Payments   Involuntary Payments   Mistake   Duress    OPINIONS OF THE ATTORNEY GENERAL   Payment of liquor license by licensee who subsequently sells business not recoverable.   - Payment of retail liquor license by owner of store, which the owner shortly thereafter sold to another, is not recoverable where voluntarily made. 1948-49 Op. Att'y Gen. p. 593.   Occupational tax not refundable to car dealer prohibited from using dealer tags.   - One who has paid occupational tax as used car dealer but who is prohibited from receiving and using dealer tags because one did not register under Used Car Dealers Registration Act is not entitled to refund of occupational tax. 1969 Op. Att'y Gen. No. 69-167.   RESEARCH REFERENCES   C.J.S.   - 70 C.J.S., Payment, §§ 132 et seq., 155, 156, 160.   ALR.    - Right to restitution of one paying, or advancing money upon the same security to pay, debt secured by supposedly valid lien where the lien proves invalid, 159 A.L.R. 487.   Partial payment on private building or construction contract as waiver of defects, 66 A.L.R.2d 570.   When statute of limitations begins to run against action to recover money paid by mistake, 79 A.L.R.3d 754.   Right of insurer under health or hospitalization policy to restitution of payments made under mistake, 79 A.L.R.3d 1113.
GA Code § 13-1-14 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-14. Collection of Closing Fees for Contracts for the Advance of Money or the Extension of Credit; Refund of Closing Fees in Certain Instances; Limited Application

  In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a loan or extending credit in order to defray the costs of investigation and verification of a borrower's or purchaser's credit reports and references. Such closing fee may be for an amount up to 4 percent of the face amount of the loan or credit extension or total amount of the sales contract but shall not be more than $50.00. Such closing fee may be paid from the proceeds of the amount borrowed or added to the principal amount of the loan or credit extension.   When any loan or sales contract upon which a closing fee has been charged is prepaid in full by any means within 90 days of the date of the loan or sales contract, the lender or seller shall refund or credit the borrower or purchaser with a pro rata portion of the closing fee; provided, however, that in such event, the lender or seller may retain an amount of not more than $25.00 from the collected closing fee.   This Code section shall only apply to installment loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a closing fee authorized under this Code section shall not constitute interest, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, or 33-22-9.   Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the provisions of this Code section.     (Code 1981, §13-1-14, enacted by Ga. L. 2013, p. 30, § 1/SB 139; Ga. L. 2020, p. 156, § 8/SB 462.)   Editor's notes.   - Ga. L. 2020, p. 156, § 1/SB 462, not codified by the General Assembly, provides that: "The General Assembly finds and declares that installment lending vitally affects the general economy of Georgia and the public interest and welfare of its citizens; therefore, it is the policy of Georgia and the purpose of this chapter to protect the interest of borrowers and provide for sound, efficient, and responsive regulation of installment lenders."   Ga. L. 2020, p. 156, § 10/SB 462, not codified by the General Assembly, provides that: "This Act shall apply to all installment loan agreements entered into on and after July 1, 2020."   Code Section 7-3-15, referred to in subsection (c) of this Code section, was transferred to Code Section 7-3-12 by Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020.
GA Code § 13-1-16 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 1 - General Provisions|§ 13-1-16. Additional Contracts Terminable by Service Members; Requirements

  As used in this Code section, the term:   "Health spa" means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. Such term includes an establishment designated as a "reducing salon," "health spa," "spa," "exercise gym," "health studio," or "health club," or by other terms of similar import.   "Service member" means an active duty member of the regular or reserve component of the armed forces of the United States, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.     In addition to the contractual relief provided for under Code Sections 10-4-214, 44-7-22, and 46-5-8, and in furtherance of the Servicemembers Civil Relief Act, 50 U.S.C. Section 3901 et seq., any service member may terminate a contract pursuant to this Code section if such contract is for:   The provision of television, video, or audio programming or internet access; or   Membership or provision of services by a health spa, notwithstanding any provisions of Code Section 10-1-393.2.     Termination of a contract pursuant to subsection (b) of this Code section shall be effective only if the service member receives military orders to relocate for a period of service of at least 90 days to a location that does not support the contract.   In terminating a contract pursuant to subsection (b) of this Code section, the service member shall provide the other contractual party with a written or electronic notice of termination to be effective on the date stated in the notice. Such notice shall be accompanied by either a copy of the official military orders or a written verification signed by the service member's commanding officer indicating the relocation.   The provisions of this Code section shall apply to all contracts, and a renewal, modification, or extension of any contract, provided for under subsection (b) of this Code section and entered into on or after July 1, 2019. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances.     (Code 1981, §13-1-16, enacted by Ga. L. 2019, p. 145, § 2/HB 25.)   Cross references.   - Compliance with Servicemembers Civil Relief Act, § 10-4-214.
GA Code § 13-2-1 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 2 - Construction|§ 13-2-1. Construction of Contracts by Courts Generally; Findings of Fact by Juries

 The construction of a contract is a question of law for the court. Where any matter of fact is involved, the jury should find the fact.   (Orig. Code 1863, § 2718; Code 1868, § 2712; Code 1873, § 2754; Code 1882, § 2754; Civil Code 1895, § 3672; Civil Code 1910, § 4265; Code 1933, § 20-701.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, § 240 et seq.   C.J.S.   - 17A C.J.S., Contracts, § 294 et seq.   ALR.    - Construction of contract as regards services contemplated by it where attorney claims compensation in addition to amount named therein, 2 A.L.R. 844.    Punctuation as affecting construction of contract, 3 A.L.R. 1062.    Construction and application of provision of construction contract as regards retention of percentage of current earnings until completion, 107 A.L.R. 960.    Right of architect or engineer to construe building or construction contract, 137 A.L.R. 530.    Validity and construction of contract for exclusive representation of persons participating in, or connected with, entertainment enterprises, 175 A.L.R. 617.   Question whether oral statements amount to express warranty, as one of fact for jury or of law for court, 67 A.L.R.2d 619.   Admissibility of extrinsic evidence to identify person or persons intended to be designated by the name in which a contract is made, 80 A.L.R.2d 1137.   Waiver of, or estoppel to assert, substantive right or right to arbitrate as question for court or arbitrator, 26 A.L.R.3d 604.   Division of opinion among judges on same court or among other courts or jurisdictions considering same question, as evidence that particular clause of insurance policy is ambiguous, 4 A.L.R.4th 1253.
GA Code § 13-6-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 6 - Damages and Costs Generally|§ 13-6-4. Determination of Damages Generally

 The question of damages being one for the jury, a reviewing court should not interfere unless the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias.   (Orig. Code 1863, § 2888; Code 1868, § 2896; Code 1873, § 2947; Code 1882, § 2947; Civil Code 1895, § 3803; Civil Code 1910, § 4399; Code 1933, § 20-1411.)   RESEARCH REFERENCES   C.J.S.   - 25 C.J.S., Damages, §§ 105 et seq., 108 et seq.   ALR.    - Inadequacy of verdict as ground of complaint by party against whom it is rendered, 31 A.L.R. 1091; 174 A.L.R. 765.    Rate of exchange to be taken into account in assessing damages for breach of contract, 50 A.L.R. 1273; 105 A.L.R. 640.    Value of contractor's own services not rendered because of breach, as deductible item in computing damages for breach of contract, 50 A.L.R. 1397.    Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 53 A.L.R. 779; 95 A.L.R. 1163.    Measure of damages for breach of contract for sale or purchase of equipment, supplies of gasoline, etc., used in operation of gasoline filling station, 81 A.L.R. 99.    Rule requiring reduction of future payments to present worth as applicable to determination of damages for breach of contract of employment, 90 A.L.R. 1318.   Burden of proving value of relief from performing contract in suit based on defendant's breach preventing or excusing full performance, 17 A.L.R.2d 968.   Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.   Question, as one of law for court or of fact for jury, whether oral promise was an original one or was a collateral promise to answer for the debt, default, or miscarriage of another, 20 A.L.R.2d 246.
GA Code § 13-6-9 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 6 - Damages and Costs Generally|§ 13-6-9. Damages and Expenses Recoverable - Expenses Necessary for Compliance With Contract

 Any necessary expense which one of two contracting parties incurs in complying with the contract may be recovered as damages.   (Orig. Code 1863, § 2891; Code 1868, § 2899; Code 1873, § 2950; Code 1882, § 2950; Civil Code 1895, § 3806; Civil Code 1910, § 4402; Code 1933, § 20-1414.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 22 Am. Jur. 2d, Damages, § 179 et seq.   C.J.S.   - 25 C.J.S., Damages, §§ 62 et seq.   ALR.    - Reduction of claim under contract as affecting right to interest, 89 A.L.R. 678.   Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.   Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.
GA Code § 13-6-12 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 6 - Damages and Costs Generally|§ 13-6-12. Effect of Tender or Deposit in Court Before Trial Upon Recovery of Costs

 If the defendant in an action for breach of contract, before trial, tenders to the plaintiff or deposits in court as much as or more than he finally recovers, no costs shall be recovered accruing subsequent to the tender or deposit.   (Orig. Code 1863, § 2887; Code 1868, § 2895; Code 1873, § 2946; Code 1882, § 2946; Civil Code 1895, § 3801; Civil Code 1910, § 4397; Code 1933, § 20-1409.)   Cross references.   - Deposits in court generally, § 9-11-67.   Law reviews.   - For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986).   JUDICIAL DECISIONS    Cited in Pausch v. Guerrard, 67 Ga. 319 (1881); Sutton v. Southern Ry., 101 Ga. 776, 29 S.E. 53 (1897); Glenn v. Western Union Tel. Co., 1 Ga. App. 821, 58 S.E. 83 (1907); Williams v. Rome Ry. & Light Co., 4 Ga. App. 372, 61 S.E. 495 (1908); Atlantic C.L.R.R. v. Thomas, 14 Ga. App. 619, 82 S.E. 299 (1914); Harris v. Black, 143 Ga. 497, 85 S.E. 742 (1915); Twin City Lumber Co. v. Daniels, 22 Ga. App. 578, 96 S.E. 437 (1918); Jeter v. Davis, 33 Ga. App. 733, 127 S.E. 898 (1925); Graham Bros. Constr. Co. v. C.W. Matthews Contracting Co., 159 Ga. App. 546, 284 S.E.2d 282 (1981); A.P.S.S., Inc. v. Clary & Assocs., 178 Ga. App. 131, 342 S.E.2d 375 (1986).