reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 1 - GENERAL PROVISIONS (§§ 13-4-1 — 13-4-5) › Section 13-4-1 - Alteration of written contract - Effect generally

If a written contract is altered intentionally and in a material part thereof by a person claiming a benefit under it with intent to defraud the other party, the alteration voids the whole contract, at the option of the other party. If the alteration is unintentional or by mistake or in an immaterial matter or not with intent to defraud and if the contract as originally executed can be discovered and is still capable of execution, it shall be enforced by the court. If the alteration is made by a stranger and not at the instance or by collusion of a party or privy and if the original words can be restored, the contract shall be enforced.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 1 - GENERAL PROVISIONS (§§ 13-4-1 — 13-4-5) › Section 13-4-2 - Alteration of written contract - Determination of materiality of alteration; determination of fact of alteration

The materiality of an alteration is a question of law for the court; the fact of an alteration is a question for the jury.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 1 - GENERAL PROVISIONS (§§ 13-4-1 — 13-4-5) › Section 13-4-3 - Alteration of written contract - Requirement of preliminary proof as to material alteration

If the contract is not set forth as the basis of the action, so as to require a denial under oath, an alteration in a material part requires explanation before it can be admitted as evidence. This preliminary proof shall be submitted to the court.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 1 - GENERAL PROVISIONS (§§ 13-4-1 — 13-4-5) › Section 13-4-4 - Effect of mutual departure from contract terms

Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given to the other of intention to rely on the exact terms of the agreement. The contract will be suspended by the departure until such notice.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 1 - GENERAL PROVISIONS (§§ 13-4-1 — 13-4-5) › Section 13-4-5 - Effect of execution of second contract upon same matter; novation

A simple contract regarding the same matter and based on no new consideration does not destroy another simple contract between the same parties; but, if new parties are introduced so as to change the person to whom the obligation is due, the original contract is at an end.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-20 - Requirements as to performance of contractual obligations generally

Performance, to be effectual, must be accomplished by the party bound to perform, or by his agent where personal skill is not required, or by someone substituted, by consent, in his place, and must be substantially in compliance with the spirit and the letter of the contract and completed within a reasonable time.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-21 - Effect of act of God

If performance of the terms of a contract becomes impossible as a result of an act of God, such impossibility shall excuse nonperformance, except where, by proper prudence, such impossibility might have been avoided by the promisor.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-22 - Effect of refusal of party to perform concurrent condition upon offer of performance by other party

Where the conditions as to performance of a contract are concurrent, if one party offers to perform and the other refuses to perform, the first shall be discharged from the performance of his part of the contract and may maintain an action against the other.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-23 - Effect of nonperformance caused by conduct of other party

If the nonperformance of a party to a contract is caused by the conduct of the opposite party, such conduct shall excuse the other party from performance.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-24 - Requirements for and effect of tender generally

A tender properly made may be equivalent to performance. The tender must be certain and unconditional, except for a receipt in full or delivery of the obligation, and may be made by an agent and to an agent authorized to receive. The tender must be in full payment of the specific debt, and not in part, and may be made at any time before trial. If tender is rejected on grounds unrelated to informality, informality cannot afterward be raised in objection to the tender.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-25 - Tender of chattels

A valid tender of chattels transfers the title thereto to the person bound to receive; and the possession of the promisor, if he retains possession from that time, is for the benefit of the owner but without liability to account for profits or for more than ordinary prudence in preservation and protection of the chattels.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 2 - PERFORMANCE (§§ 13-4-20 — 13-4-26) › Section 13-4-26 - Delivery on demand; delivery at certain time and place

If the promise of a party is to deliver on demand, the demand must be reasonable as to time, place, and manner; if the promise is to deliver at a certain time and place, a tender at the time and place is effective though the receiver is not present.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 3 - PAYMENT (§§ 13-4-40 — 13-4-43) › Section 13-4-40 - Payment to creditor or agent

Payment of money due to a creditor or his agent shall be sufficient to discharge the debtor upon the obligation; and, if such agent receives property other than currency in satisfaction of the obligation, the creditor is bound thereby.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 3 - PAYMENT (§§ 13-4-40 — 13-4-43) › Section 13-4-41 - Payment by mail

Payment by mail shall be made at the risk of the debtor unless done by direction, either express or implied, of the creditor or his agent.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 3 - PAYMENT (§§ 13-4-40 — 13-4-43) › Section 13-4-42 - Appropriation of payments

When a payment is made by a debtor to a creditor holding several demands against him, the debtor shall have the right to direct the claim to which it shall be appropriated. If the debtor fails to do so, the creditor shall have the right to appropriate the payment at his election. If neither party exercises the privilege, the law shall direct the application in such manner as shall be reasonable and equitable, both as to the parties and third persons, provided that, as a general rule, the oldest lien and the oldest item in an account shall be paid first, the presumption of law being that such is the intention of the parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 3 - PAYMENT (§§ 13-4-40 — 13-4-43) › Section 13-4-43 - Provision requiring one party to reimburse other for federal manufacturer's excise tax; right of reimbursing party relating to timing of payments

(a)
When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b) of this Code section.
(b)
The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service.
(c)
Should a party choose to exercise the option provided in subsections (a) and (b) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b) of this Code section except to require the payment of such taxes under such option to be made by electronic transfer of funds.
(d)
The party exercising the option set out in subsections (a) and (b) of this Code section shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(e)
This Code section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1993.
(f)
The option set out in subsections (a) and (b) of this Code section shall not be construed to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (a) and (b) of this Code section be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 4 - RESCISSION (§§ 13-4-60 — 13-4-62) › Section 13-4-60 - Rescission for fraud

A contract may be rescinded at the instance of the party defrauded; but, in order to rescind, the defrauded party must promptly, upon discovery of the fraud, restore or offer to restore to the other party whatever he has received by virtue of the contract if it is of any value.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 4 - RESCISSION (§§ 13-4-60 — 13-4-62) › Section 13-4-61 - Rights of vendor as to reclamation of goods where contract rescinded for fraud

Except as otherwise provided in Title 11, the "Uniform Commercial Code," where a contract of sale is rescinded for fraud, the rights of the vendor reclaiming the goods are superior to those of one who has acquired the goods or a lien thereon in consideration of an antecedent debt.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 4 - RESCISSION (§§ 13-4-60 — 13-4-62) › Section 13-4-62 - Rescission for nonperformance

A party may rescind a contract without the consent of the opposite party on the ground of nonperformance by that party but only when both parties can be restored to the condition in which they were before the contract was made.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 5 - RELEASE (§§ 13-4-80 — 13-4-82) › Section 13-4-80 - Release of another bound jointly or primarily or acceptance of higher security for same debt

A release may result by operation of law. When a creditor releases another who is bound jointly with or primarily to a debtor or accepts from a debtor a higher security for the same debt, not intended to be collateral thereto, a release results by operation of law.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 5 - RELEASE (§§ 13-4-80 — 13-4-82) › Section 13-4-81 - Covenant not to sue; bond to indemnify debtor against debt

A covenant never to sue is equivalent to a release as is a bond to indemnify a debtor against his own debt.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 5 - RELEASE (§§ 13-4-80 — 13-4-82) › Section 13-4-82 - Intermarriage of parties

Intermarriage of the parties generally releases a debt created prior to marriage. However, intermarriage of the parties shall not release a debt arising from an antenuptial agreement, as such term is defined in Code Section
19-3-60
.
Amended by 2018 Ga. Laws 305,§ 2-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 6 - ACCORD AND SATISFACTION (§§ 13-4-100 — 13-4-104) › Section 13-4-100 - Effect of executory accord

An accord may not amount to an extinguishment of the original debt but may extend only to suspend the execution or collection thereof for a limited time; in the meantime, an action on the original debt cannot be sustained.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 6 - ACCORD AND SATISFACTION (§§ 13-4-100 — 13-4-104) › Section 13-4-101 - Elements and requirements of accord and satisfaction generally

Accord and satisfaction occurs where the parties to an agreement, by a subsequent agreement, have satisfied the former agreement, and the latter agreement has been executed. The execution of a new agreement may itself amount to a satisfaction of the former agreement, where it is so expressly agreed by the parties; and, without such agreement, if the new promise is founded on a new consideration, the taking of it is a satisfaction of the former agreement.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 6 - ACCORD AND SATISFACTION (§§ 13-4-100 — 13-4-104) › Section 13-4-102 - Benefit to creditor

An accord and satisfaction must be of some advantage, legal or equitable, to the creditor or it shall not have the effect of barring him from his legal rights under the original agreement.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 6 - ACCORD AND SATISFACTION (§§ 13-4-100 — 13-4-104) › Section 13-4-103 - Acceptance of less than amount of debt

(a)
Except as otherwise provided in this Code section, an agreement by a creditor to receive less than the amount of his debt cannot be pleaded as an accord and satisfaction unless it is actually executed by the payment of the money, the giving of additional security, the substitution of another debtor, or some other new consideration.
(b)
Acceptance by a creditor of a check, draft, or money order marked "payment in full" or with language of equivalent condition, in an amount less than the total indebtedness, shall not constitute an accord and satisfaction unless:
(1)
A bona fide dispute or controversy exists as to the amount due; or
(2)
Such payment is made pursuant to an independent agreement between the creditor and debtor that such payment shall satisfy the debt.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 4 - MODIFICATION, EXTINGUISHMENT, AND RENEWAL (§§ 13-4-1 — 13-4-104) › Article 6 - ACCORD AND SATISFACTION (§§ 13-4-100 — 13-4-104) › Section 13-4-104 - Parties bound by accord and satisfaction

An accord and satisfaction is binding upon both parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-1 - Pleading of facts indicating contract not obligatory generally

Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-2 - Incapacity generally

A person may plead his own incapacity to contract.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-3 - Exemption from contractual liability of minor

The exemption of a minor from contractual liability is a personal privilege. The party contracting with a minor may not plead it unless he was ignorant of the fact at the time of the contract nor may third persons avail themselves of it as a defense.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-4 - Mistake of fact or law

If the consideration upon which a contract is based was given as a result of a mutual mistake of fact or of law, the contract cannot be enforced.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-5 - Fraud

Fraud renders contracts voidable at the election of the injured party.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-6 - Duress

Since the free assent of the parties is essential to a valid contract, duress, either by imprisonment, threats, or other acts, by which the free will of the party is restrained and his consent induced, renders the contract voidable at the election of the injured party. Legal imprisonment, if not used for illegal purposes, does not constitute duress.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-7 - Rescission or release

A rescission of a contract by consent or a release by the other contracting party shall be a complete defense.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 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.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-9 - Total or partial failure of consideration generally

If the consideration for a promise, apparently good or valuable, fails either wholly or in part before the promise is executed, the failure of consideration may be pleaded in defense to the promise as provided for in subsection (c) of Code Section
9-11-8
. If the failure of consideration is partial, an apportionment shall be made according to the facts of each case.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-10 - Failure to perform dependent covenant

Where covenants are dependent, the failure of performance by the opposing party may be a good defense.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 1 - GENERAL PROVISIONS (§§ 13-5-1 — 13-5-11) › Section 13-5-11 - Part performance

In a severable contract or one admitting of apportionment, a part performance may be a defense pro tanto.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 2 - STATUTE OF FRAUDS (§§ 13-5-30 — 13-5-31) › Section 13-5-30 - Agreements required to be in writing

(a)
To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him or her:
(1)
A promise by a conservator, guardian, personal representative, or trustee to answer damages out of his or her own estate;
(2)
A promise to answer for the debt, default, or miscarriage of another;
(3)
Any agreement made upon consideration of marriage;
(4)
Any contract for sale of lands, or any interest in, or concerning lands;
(5)
Any agreement that is not to be performed within one year from the making thereof;
(6)
Any promise to revive a debt barred by a statute of limitation; and
(7)
Any commitment to lend money.
(b)
Any agreement to modify, alter, cancel, repeal, revoke, release, or rescind a promise, agreement, contract, or commitment provided for in subsection (a) of this Code section must be in writing and signed by all parties to such agreement; provided, however, that if the party against whom enforcement of such agreement under this subsection is sought admits in a pleading, in testimony, or otherwise in court that the agreement was made, then such agreement is enforceable if valid in all other respects.
Amended by 2020 Ga. Laws 508,§ 2-13, eff. 1/1/2021.
Amended by 2019 Ga. Laws 255,§ 1, eff. 7/1/2019.
Amended by 2018 Ga. Laws 305,§ 2-2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 5 - DEFENSES (§§ 13-5-1 — 13-5-31) › Article 2 - STATUTE OF FRAUDS (§§ 13-5-30 — 13-5-31) › Section 13-5-31 - Agreements enforceable without writing

The provisions of Code Section
13-5-30
do not extend to the following cases:
(1)
When the contract has been fully executed;
(2)
Where there has been performance on one side, accepted by the other in accordance with the contract;
(3)
Where there has been such part performance of the contract as would render it a fraud of the party refusing to comply if the court did not compel a performance.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-2 - Measure of damages - Generally

Damages recoverable for a breach of contract are such as arise naturally and according to the usual course of things from such breach and such as the parties contemplated, when the contract was made, as the probable result of its breach.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-3 - Measure of damages - Breach of bond

(a)
Provisions in bonds stipulating the damages to be paid in the event of breach shall be deemed penalties and shall not be enforceable unless the amount stipulated is reasonably related to the amount of the loss resulting from the breach and the damages resulting from the breach are uncertain in nature or amount or are difficult of ascertainment.
(b)
Where provisions in bonds stipulating damages to be paid in the event of breach do not comply with the requirements prescribed in subsection (a) of this Code section, only actual damages shall be recoverable in the event of a breach.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 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.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-5 - Duty of injured party to lessen damages resulting from breach

Where by a breach of contract a party is injured, he is bound to lessen the damages as far as is practicable by the use of ordinary care and diligence.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-6 - Damages and expenses recoverable - Nominal damages

In every case of breach of contract the injured party has a right to damages, but if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-7 - Damages and expenses recoverable - Liquidated damages generally

If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-8 - Damages and expenses recoverable - Remote or consequential damages

Remote or consequential damages are not recoverable unless they can be traced solely to the breach of the contract or unless they are capable of exact computation, such as the profits which are the immediate fruit of the contract, and are independent of any collateral enterprise entered into in contemplation of the contract.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 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.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-10 - Damages and expenses recoverable - Exemplary damages

Unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-11 - Recovery of expenses of litigation generally

The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 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.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-13 - Recovery of interest upon damages

In all cases where an amount ascertained would be the damages at the time of the breach, it may be increased by the addition of legal interest from that time until the recovery.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 6 - DAMAGES AND COSTS GENERALLY (§§ 13-6-1 — 13-6-15) › Section 13-6-14 - Number of actions for breach of contract

If a contract is entire, only one action may be maintained for a breach thereof; but, if it is severable or if the breaches occur at successive periods in an entire contract, an action will lie for each breach; but all the breaches occurring up to the commencement of the action must be included therein.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-1 - Nature of setoff generally

Setoff does not operate as a denial of the plaintiff's claim; rather it allows the defendant to set off a debt owed him by the plaintiff against the claim of the plaintiff.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-2 - Nature of recoupment generally

Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the contract upon which suit is brought.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-3 - Setoff and recoupment distinguished

Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff, while only a claim or demand arising out of the same transaction as that sued on by the plaintiff may be used as a recoupment.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-4 - Limitations as to claims or demands for setoff generally

Setoff must be between the same parties and in their own right.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-5 - Setoff of demands between parties to suits

Between the parties themselves, any mutual demands existing at the time of the commencement of the suit may be set off.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-6 - Setoff of claims or demands against beneficiaries of suits

If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-7 - Allowance of setoff against original payee in action by holder or transferee of negotiable instrument received under dishonor

When suit is brought by a holder or transferee on a negotiable instrument received under dishonor, no setoff shall be allowed against the original payee except such as is in some way connected with the debt sued on or the transaction from which it sprang.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-8 - Allowance of setoff of debt of testator or intestate against representative of estate

A debt of a testator or intestate is not a proper setoff against a debt contracted with the representative of the estate unless both were contracted during the lifetime of the decedent.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-9 - Allowance of setoff of distributive share in estate against judgment against legatee or owner of share

A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-10 - Allowance of setoff of value of improvements against claim for mesne profits

The value of improvements made by one bona fide in possession under a claim of right may be set off against a claim for mesne profits.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-11 - Allowance of setoff of debt not due against claim of nonresident or insolvent plaintiff

If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable terms as may be prescribed by the court.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-12 - Grounds for allowance of recoupment generally

Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-13 - Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff

Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract.
If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 7 - SETOFF AND RECOUPMENT (§§ 13-7-1 — 13-7-14) › Section 13-7-14 - Effect of conflict between this chapter and Chapter 11 of Title 9

In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the conflict.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 1 - GENERAL PROVISIONS (§§ 13-8-1 — 13-8-4) › Section 13-8-1 - Contracts to do immoral or illegal things

A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 1 - GENERAL PROVISIONS (§§ 13-8-1 — 13-8-4) › Section 13-8-2.1 - [Repealed] Contracts in partial restraint of trade

Repealed by 2011 Ga. Laws 99,§ 3, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 1 - GENERAL PROVISIONS (§§ 13-8-1 — 13-8-4) › Section 13-8-3 - Gambling contracts

(a)
Gambling contracts are void; and all evidences of debt, except negotiable instruments in the hands of holders in due course or encumbrances or liens on property, executed upon a gambling consideration, are void in the hands of any person.
(b)
Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same within six months after the loss and, after the expiration of that time, by institution of an action by any person, at any time within four years, for the joint use of himself and the educational fund of the county.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 1 - GENERAL PROVISIONS (§§ 13-8-1 — 13-8-4) › Section 13-8-4 - Liability of stakeholder of money risked on wager

A stakeholder of money risked on a wager shall be obligated to repay the money to the party depositing it, upon demand, before it is actually paid to the winner; but if he pays the money to the winner bona fide, and without notice of the depositor's intention to retract, he shall not be liable for such payment.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-11 - Legislative findings

The General Assembly finds that the distribution of equipment primarily designed for or used in agriculture in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate equipment primarily designed for or used in agriculture and related equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-13 - Persons subject to provisions of article

Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of new equipment and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-14 - Unfair competition; unfair or deceptive acts

Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section
13-8-15
are declared to be unlawful.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-15.1 - Notice to competitors within market area

Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment shall give written 90 day notice of such intent by certified mail or statutory overnight delivery, return receipt requested, to such existing dealership. The notice shall include:
(1)
The specific location of the additional or relocated dealership;
(2)
The date on or after which the additional or relocated dealership will commence operation at the new location;
(3)
The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and
(4)
The names and addresses of the dealer and principals in the new or relocated dealership.
Enacted by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-15.2 - Use of dealership by manufacturers, distributors, and wholesalers

(a)
A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment which shall be not less than 8 percent of the sale price of the equipment. The manufacturer, distributor, or wholesaler, if practicable, shall utilize the dealer in the relevant market area described in subsection (b) of this Code section for preparation and delivery. This compensation must be paid or credited in the same manner as provided in Code Section
13-8-17
. This subsection shall not be applicable to any liquidation or sale of equipment which has been ordered by any court.
(b)
For purposes of this Code section, equipment is considered to be used primarily within a dealer's relevant market area if the new equipment is located or housed at a user's facility located within that relevant market area.
Enacted by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-17.1 - Time for audits of dealerships

Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of such incentive compensation program; provided, however, that this limitation shall not apply in any case of fraudulent claims.
Enacted by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-18 - Agreements to which article applies

The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-19 - Failure to renew, termination of, or restriction on transfer of franchise without due cause

It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, "due cause" shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(C) of Code Section
13-8-15
.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-20 - Damages recoverable for injuries sustained by violations; class actions; punitive damages

(a)
In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section
13-8-15
, any person who shall be injured in his or her business or property by reason of anything forbidden by or in noncompliance with the requirements of this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee.
(b)
When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief.
(c)
In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-21 - Contracts and agreements in violation of article deemed void

Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 13-8-23 - Repurchase of inventory upon death or incapacity of dealer or majority stockholder of corporate dealer

In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer's last will and testament, if said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of Code Section
13-8-22
are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.