reglab/housing_qa huggingface dataset:
GA Code § 11-1-206 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 11-1-206. Presumptions

 Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence.   (Code 1933, § 109A-1 - 206, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1998, p. 1323, § 16; Ga. L. 2015, p. 996, § 3A-1/SB 65.)    The 2015 amendment,  effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(1) Except in the cases described in subsection (2) of this Code section a contract for the sale of personal property is not enforceable by way of action or defense beyond $5,000.00 in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.   "(2) Subsection (1) of this Code section does not apply to contracts for the sale of goods (Code Section 11-2-201) nor of securities (Code Section 11-8-113) nor to security agreements (Code Section 11-9-203)."   Cross references.   - Statute of frauds generally, § 13-5-30 et seq.   JUDICIAL DECISIONS    A school tuition payment is a payment for services rather than for the purchase of personal property. The inclusion of such incidental items as uniforms, lockers, books, etc. in the tuition fee clearly would not reduce the essential character of the transaction to a sale of personal property. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143 (1990).   Effect of performance by a party.    - The statute of frauds does not bar enforcement of a contract which has been fully performed on one side. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143 (1990).    Cited in L.M. Berry & Co. v. Blackmon, 129 Ga. App. 347, 199 S.E.2d 610 (1973).   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, Statute of Frauds, §§ 110, 111.   C.J.S.   - 77A C.J.S., Sales, § 68 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 1-206.   ALR.    - Oral contract to enter into written contract as within statute of frauds, 58 A.L.R. 1015.    Statute of frauds: sufficiency of identification of vendor or purchaser in memorandum, 70 A.L.R. 196.    Who must sign and form of signature, in case of partnership, in order to comply with statute of frauds, 114 A.L.R. 1005.    Terms "bags," "bales," "cars," or other terms indefinite as to quantity or weight, as satisfying statute of frauds, 129 A.L.R. 1230.    Contract to fill in land as one for sale of goods within statute of frauds, 161 A.L.R. 1158.   Statute of frauds: validity of lease or sublease subscribed by one of the parties only, 46 A.L.R.3d 619.   Construction and application of statute of frauds provision under UCC § 1-206 governing personal property not otherwise covered, 62 A.L.R.5th 137.
GA Code § 11-1-207 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 11-1-207. Through 11-1-209

 Repealed by Ga. L. 2015, p. 996, § 3A-1/SB 65, effective January 1, 2016.   Editor's notes.   - These Code sections were based on Code 1933, §§ 109A-1 - 207 through 109A-1 - 209, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1978, p. 1081, § 7; Ga. L. 1996, p. 1306, § 2.
GA Code § 11-1-301 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-301. Territorial Applicability; Parties' Power to Choose Applicable Law

  Except as otherwise provided in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.   In the absence of an agreement under subsection (a) of this Code section, and except as provided in subsection (c) of this Code section, this title applies to transactions bearing an appropriate relation to this state.   If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:   Code Section 11-2-402;   Code Sections 11-2A-105 and 11-2A-106;   Code Section 11-4-102;   Code Section 11-4A-507;   Code Section 11-5-116;   Code Section 11-6-103;   Code Section 11-8-110; or   Code Sections 11-9-301 through 11-9-307.       (Code 1981, §11-1-301, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-302 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-302. Variation by Agreement

  Except as otherwise provided in subsection (b) of this Code section or elsewhere in this title, the effect of provisions of this title may be varied by agreement.   The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.   The presence in certain provisions of this title of the phrase "unless otherwise agreed" or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this Code section.     (Code 1981, §11-1-302, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-303 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-303. Course of Performance, Course of Dealing, and Usage of Trade

  A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:   The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and   The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.     A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.   A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.   A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.   Except as otherwise provided in subsection (f) of this Code section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:   Express terms prevail over course of performance, course of dealing, and usage of trade;   Course of performance prevails over course of dealing and usage of trade; and   Course of dealing prevails over usage of trade.     Subject to Code Section 11-2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.   Evidence of a relevant usage of trade offered by one party shall not be admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.     (Code 1981, §11-1-303, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-304 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-304. Obligation of Good Faith

 Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.    (Code 1981, §11-1-304, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-305 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-305. Remedies to Be Liberally Administered

  The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.   Any right or obligation declared by this title shall be enforceable by action unless the provision declaring it specifies a different and limited effect.     (Code 1981, §11-1-305, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-306 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-306. Waiver or Renunciation of Claim or Right After Breach

 A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.    (Code 1981, §11-1-306, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-307 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-307. Prima-Facie Evidence by Third Party Documents

 A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.    (Code 1981, §11-1-307, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-308 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-308. Performance or Acceptance Under Reservation of Rights

  A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.   Subsection (a) of this Code section shall not apply to an accord and satisfaction.     (Code 1981, §11-1-308, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-309 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-309. Option to Accelerate at Will

 A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure" or words of similar import shall be construed to mean that the party shall have power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.    (Code 1981, §11-1-309, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-1-310 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 1 - General Provisions|Part 3 - Territorial Applicability and General Rules|§ 11-1-310. Subordinated Obligations

 An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor.    (Code 1981, §11-1-310, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.)
GA Code § 11-2-101 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 1 - Short Title, General Construction, and Subject Matter|§ 11-2-101. Short Title

 This article shall be known and may be cited as "Uniform Commercial Code - Sales."   (Code 1933, § 109A-2 - 101, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "The Good Faith Purchase Idea and the Uniform Commercial Code," see 15 Ga. L. Rev. 605 (1981). For comment, "Medical Expert Systems and Publisher Liability: A Cross-Contextual Analysis," see 43 Emory L.J. 731 (1994).   JUDICIAL DECISIONS   Coverage of article.    - Article 2 of the Georgia Commercial Code, O.C.G.A. § 11-2-101 et seq., applied to a contract because the sale of goods, the dirt which the seller offered to furnish to the buyer, was the predominant purpose of the contemplated transaction. Furthermore, the trial court did not err in putting the question of predominant purpose to the jury because the evidence permitted a rational jury to resolve this issue in a way that would lead to a conclusion that the sale of goods under O.C.G.A. § 11-2-107(1) was the predominant purpose of the contemplated transaction. Paramount Contr. Co. v. DPS Indus., 309 Ga. App. 113, 709 S.E.2d 288 (2011).    Cited in Rollins Communications, Inc. v. Georgia Inst. of Real Estate, Inc., 140 Ga. App. 448, 231 S.E.2d 397 (1976); Citicorp Indus. Credit, Inc. v. Rountree, 185 Ga. App. 417, 364 S.E.2d 65 (1987); Jones v. Baran Co., LLC, 290 Ga. App. 578, 660 S.E.2d 420 (2008).   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Commercial Code, § 69. 64 Am. Jur. 2d, Public Works and Contracts, § 17.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:2.   C.J.S.   - 82 C.J.S., Statutes, §§ 217 et seq., 238.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-101.   ALR.   - Preemption of strict liability in tort by provisions of UCC Article 2, 15 A.L.R.4th 791.   Impracticability of performance of sales contract under UCC § 2-615, 55 A.L.R.5th 1.
GA Code § 11-2-203 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 2 - Form, Formation, and Readjustment of Contract|§ 11-2-203. Seals Inoperative

 The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.   (Code 1933, § 109A-2 - 203, enacted by Ga. L. 1962, p. 156, § 1.)   Cross references.   - Legal status of contracts under seal generally, § 13-1-4.   JUDICIAL DECISIONS    Cited in McLean v. Gray, 180 Ga. App. 794, 350 S.E.2d 815 (1986).   RESEARCH REFERENCES   Am. Jur. 2d.   - 17A Am. Jur. 2d, Contracts, § 116. 67 Am. Jur. 2d, Sales, §§ 106, 107.   C.J.S.   - 77A C.J.S., Sales, § 1 et seq. 78A C.J.S., Seals, §§ 1, 2.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-203.   ALR.    - Necessity of consideration to support option under seal, 2 A.L.R. 631; 21 A.L.R. 137.
GA Code § 11-2-205 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 2 - Form, Formation, and Readjustment of Contract|§ 11-2-205. Firm Offers

 An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.   (Code 1933, § 109A-2 - 205, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 138, 139.   C.J.S.   - 77A C.J.S., Sales, § 32 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-205.
GA Code § 11-2-206 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 2 - Form, Formation, and Readjustment of Contract|§ 11-2-206. Offer and Acceptance in Formation of Contract

  Unless otherwise unambiguously indicated by the language or circumstances:     An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;   An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.    Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.   (Code 1933, § 109A-2 - 206, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For comment on Fender v. Colonial Stores, Inc., 138 Ga. App. 31, 225 S.E.2d 691 (1976), see 28 Mercer L. Rev. 751 (1977). For comment, "Boats Against the Current: the Courts and the Statute of Frauds," see 47 Emory L.J. 253 (1998).   JUDICIAL DECISIONS    Cited in Duval & Co. v. Malcom, 233 Ga. 784, 214 S.E.2d 356 (1975); Fender v. Colonial Stores, Inc., 138 Ga. App. 31, 225 S.E.2d 691 (1976); Marvin L. Walker & Assocs. v. A.L. Buschman, Inc., 147 Ga. App. 851, 250 S.E.2d 532 (1978).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 140-152.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:38.   C.J.S.   - 77A C.J.S., Sales, § 29 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-206.   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.    Acting on order for goods as an acceptance thereof, 19 A.L.R. 476; 29 A.L.R. 1352.    Time when offer or proposition is mailed, or when it is received through mail, as commencement of period allowed for acceptance, 72 A.L.R. 1214.    Silence when offer is made or failure to reject it as an acceptance which will consummate a bilateral contract, 77 A.L.R. 1141.   Construction and application of UCC § 2-201(3)(c) rendering contract of sale enforceable notwithstanding statute of frauds with respect to goods for which payment has been made and accepted or which have been received and accepted, 97 A.L.R.3d 908.
GA Code § 11-2-208 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 2 - Form, Formation, and Readjustment of Contract|§ 11-2-208. Course of Performance or Practical Construction

 Reserved. Repealed by Ga. L. 2015, p. 996, § 3B-3/SB 65, effective January 1, 2016.   Editor's notes.   - This Code section was based on Code 1933, § 109A-2 - 208, enacted by Ga. L. 1962, p. 156, § 1.   Ga. L. 2015, p. 996, § 3B-3/SB 65 provides for the repeal of this Code section, effective January 1, 2016.
GA Code § 11-2-303 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-303. Allocation or Division of Risks

 Where this article allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation but may also divide the risk or burden.   (Code 1933, § 109A-2 - 303, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 425-427.   C.J.S.   - 77A C.J.S., Sales, § 79.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-303.   ALR.    - Right of buyer and seller inter se as affected by invalidity of, or subsequent changes or developments with respect to, tax, 132 A.L.R. 706.
GA Code § 11-2-304 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-304. Price Payable in Money, Goods, Realty, or Otherwise

  The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.   Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this article, but not the transfer of the interest in realty or the transferor's obligations in connection therewith.    (Code 1933, § 109A-2 - 304, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 208-212.   C.J.S.   - 33 C.J.S., Exchange of Property, § 1 et seq. 77A C.J.S., Sales, §§ 94 et seq., 208 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-304.   ALR.    - 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.    Validity and effect of provision of sale contract making price dependent on tariff duties or changes in tariff, 70 A.L.R. 1444.    Contracts for payment in gold or silver, or in gold or silver coin ("gold coin" clauses), 84 A.L.R. 1499; 86 A.L.R. 1172; 88 A.L.R. 1532; 92 A.L.R. 1525; 95 A.L.R. 1383; 101 A.L.R. 1318; 114 A.L.R. 820.