reglab/housing_qa huggingface dataset:
GA Code § 11-2-720 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach

 Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.   (Code 1933, § 109A-2 - 720, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).   JUDICIAL DECISIONS   Effect of cancellation.   - Even if cancellation occurs, unless it is done with a waiver of rights, a claim for damages is not necessarily barred. Poultry Health Serv. of Ga., Inc. v. Moxley, 538 F. Supp. 276 (S.D. Ga. 1982).    Cited in Waller v. Scheer, 175 Ga. App. 1, 332 S.E.2d 293 (1985).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 856, 857.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:804.   C.J.S.   - 77A C.J.S., Sales, §§ 114, 147 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-720.   ALR.    - Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.    Repossession of chattels by seller upon their return or abandonment by buyer as effecting a mutual rescission or as evidence thereof, 106 A.L.R. 703.    Abandonment of possession as prerequisite to vendee's suit to obtain a rescission or to recover back money paid, 142 A.L.R. 582.
GA Code § 11-2-721 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-721. Remedies for Fraud

 Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.   (Code 1933, § 109A-2 - 721, enacted by Ga. L. 1962, p. 156, § 1.)   Cross references.   - Rescission of contracts generally, § 13-4-60 et seq.   Law reviews.   - For article discussing ex parte rescission of sales contract for fraud and suit for fraud and deceit, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974), see 11 Ga. St. B.J. 172 (1975). 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 article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Actions    RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 858, 859, 1161, 1216-1225, 1278, 1279.   C.J.S.   - 77A C.J.S., § 50 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-721.   ALR.    - Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.    Validity and effect of stipulation to the effect that vendee or purchaser does not rely upon representations of vendor or seller, or the latter's agent, 10 A.L.R. 1472.    Election of remedies: inconsistency of action for damages for fraud and suit to establish constructive trust based on same transaction, 35 A.L.R. 1175; 43 A.L.R. 177.    Fraud of vendee or buyer inducing vendor or seller to accept less favorable terms as sustaining an action in tort, 52 A.L.R. 1153.    Dealings between seller and buyer after latter's knowledge of former's fraud as waiver of claim for damages on account of fraud, 106 A.L.R. 172.   Seller's liability for fraud in connection with contract for the sale of long-term dancing lessons, 28 A.L.R.3d 1412.   Validity of express statutory grant of power to state to seek, or to court to grant, restitution of fruits of consumer fraud, 59 A.L.R.3d 1222.   Fraud actions: right to recover for mental or emotional distress, 11 A.L.R.5th 88.
GA Code § 11-2-722 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-722. Who Can Sue Third Parties for Injury to Goods

 Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:    A right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;   If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;   Either party may with the consent of the other sue for the benefit of whom it may concern.    (Code 1933, § 109A-2 - 722, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, § 409.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:808.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-722.
GA Code § 11-2-723 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-723. Proof of Market Price: Time and Place

  If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (Code Section 11-2-708 or Code Section 11-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.   If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.   Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.    (Code 1933, § 109A-2 - 723, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966).   JUDICIAL DECISIONS    Cited in Swift Textiles, Inc. v. Lawson, 135 Ga. App. 799, 219 S.E.2d 167 (1975); Bigelow-Sanford, Inc. v. Gunny Corp., 649 F.2d 1060 (5th Cir. 1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 890-893, 1114-1124.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:818.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-723.   ALR.    - Presumption and burden of proof as to market price or value of goods in action by seller against buyer who refuses to accept goods, 130 A.L.R. 1336.
GA Code § 11-2-724 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-724. Admissibility of Market Quotations

 Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.   (Code 1933, § 109A-2 - 724, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966).   JUDICIAL DECISIONS    Cited in  Chrysler Credit Corp. v. Cooper, 7 Bankr. 537 (N.D. Ga. 1980).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 888, 889.   C.J.S.   - 32A C.J.S., Evidence, § 1003 et seq. 77A C.J.S., Sales, § 369.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-724.   ALR.    - Newspapers and trade journals as evidence of market prices or quotations, 43 A.L.R. 1192.
GA Code § 11-2A-101 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-101. Short Title

 This article shall be known and may be cited as "Uniform Commercial Code - Leases."    (Code 1981, §11-2A-101, enacted by Ga. L. 1993, p. 633, § 1.)   Law reviews.   - For note on 1993 enactment of this article, see 10 Ga. St. U.L. Rev. 34 (1993). For comment, "Electronic Self-Help Repossession and You: A Computer Software Vendor's Guide to Staying Out of Jail," see 48 Emory L.J. 1477 (1999).   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-101.   JUDICIAL DECISIONS    Cited in Bo Phillips Company, Inc. v. R. L. King Properties, LLC, 336 Ga. App. 705, 783 S.E.2d 445 (2016).
GA Code § 11-2A-102 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-102. Scope

 This article applies to any transaction, regardless of form, that creates a lease.    (Code 1981, §11-2A-102, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-102.
GA Code § 11-2A-104 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-104. Leases Subject to Other Law

  A lease, although subject to this article, is also subject to any applicable:     Certificate of title statute of this State:   Certificate of title statute of another jurisdiction (Code Section 11-2A-105); or   Consumer protection statute of this State, or final consumer protection decision of a court of this State existing on July 1, 1993.    In case of conflict between this article, other than Code Sections 11-2A-105, 11-2A-304(3), and 11-2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.   Failure to comply with an applicable law has only the effect specified therein.    (Code 1981, §11-2A-104, enacted by Ga. L. 1993, p. 633, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "July 1, 1993" was substituted for "the effective date of this article" in paragraph (c)(1).   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-104.
GA Code § 11-2A-105 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title

 Subject to the provisions of Code Sections 11-2A-304(3) and 11-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.    (Code 1981, §11-2A-105, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-105.
GA Code § 11-2A-106 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

  If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable.   If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.     (Code 1981, §11-2A-106, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-106.
GA Code § 11-2A-107 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-107. Waiver or Renunciation of Claim or Right After Default

 Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.    (Code 1981, §11-2A-107, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-107.
GA Code § 11-2A-108 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-108. Unconscionability

  If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.   With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.   Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.   In an action in which the lessee claims unconscionability with respect to a consumer lease:     If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.   If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.   In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.     (Code 1981, §11-2A-108, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-108.
GA Code § 11-2A-109 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 1 - General Provisions|§ 11-2A-109. Option to Accelerate at Will

  A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he deems himself insecure" or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.   With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.     (Code 1981, §11-2A-109, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-109.
GA Code § 11-2A-201 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-201. Statute of Frauds

  A lease contract is not enforceable by way of action or defense unless:     The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or   There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.   With respect to goods that have been received and accepted by the lessee.    Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.   A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.   A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:   If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;   If the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or   The lease term under a lease contract referred to in subsection (4) is:   If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;   If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or   A reasonable lease term.    (Code 1981, §11-2A-201, enacted by Ga. L. 1993, p. 633, § 1.)   Law reviews.   - For article, "The Cost of Consent: Optimal Standardization in the Law of Contract," see 58 Emory L.J. 1401 (2009).   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-201.
GA Code § 11-2A-202 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-202. Final Written Expression: Parole or Extrinsic Evidence

 Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:    By course of dealing or usage of trade or by course of performance; and   By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.     (Code 1981, §11-2A-202, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-202.
GA Code § 11-2A-203 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-203. Seals Inoperative

 The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.    (Code 1981, §11-2A-203, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-203.
GA Code § 11-2A-204 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-204. Formation in General

  A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.   An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.   Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.     (Code 1981, §11-2A-204, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-204.
GA Code § 11-2A-205 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-205. Firm Offers

 An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance 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 the period of irrevocability exceed 3 months.Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.    (Code 1981, §11-2A-205, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-205.
GA Code § 11-2A-206 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-206. Offer and Acceptance in Formation of Lease Contract

  Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.   If 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 1981, §11-2A-206, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-206.
GA Code § 11-2A-207 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-207. Course of Performance or Practical Construction

 Reserved. Repealed by Ga. L. 2015, p. 996, § 3B-5/SB 65, effective January 1, 2016.   Editor's notes.   - This Code section was based on Code 1981, § 11-2A-207, enacted by Ga. L. 1993, p. 633, § 1.
GA Code § 11-2A-208 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2A - Leases|Part 2 - Formation and Construction of Lease Contract|§ 11-2A-208. Modification, Rescission and Waiver

  An agreement modifying a lease contract needs no consideration to be binding.   A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.   The requirements of the statute of frauds section of this article (Code Section 11-2A-201) must be satisfied if the contract as modified is within its provisions.   Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.   A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.     (Code 1981, §11-2A-208, enacted by Ga. L. 1993, p. 633, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2A-208.