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Georgia Code - Contracts - Title 13

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Georgia Code - Contracts - Title 13, Section 13-1-1

A contract is an agreement between two or more parties for the doing or not doing of some specified thing. ...

Georgia Code - Contracts - Title 13, Section 13-1-2

(a) An executed contract is one in which all the parties thereto have performed all the obligations which they have originally assumed. (b) An executory ...

Georgia Code - Contracts - Title 13, Section 13-1-3

A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in ...

Georgia Code - Contracts - Title 13, Section 13-1-4

A specialty is a contract under seal and is considered by the law as entered into with more solemnity, and consequently of higher dignity, than ordinary, simple contracts. ...

Georgia Code - Contracts - Title 13, Section 13-1-5

(a) All other contracts than those specified in Code Sections 13-1-2 through 13-1-4 are termed simple contracts. (b) Simple contracts may either be in writing ...

Georgia Code - Contracts - Title 13, Section 13-1-6

Parol contracts shall include only contracts in words as remembered by witnesses. ...

Georgia Code - Contracts - Title 13, Section 13-1-7

(a) A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. ...

Georgia Code - Contracts - Title 13, Section 13-1-8

(a) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a ...

Georgia Code - Contracts - Title 13, Section 13-1-9

In some cases even an entire contract is apportionable, as where the price to be paid is not fixed, or is by the contract itself apportioned according to ...

Georgia Code - Contracts - Title 13, Section 13-1-10

Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the ...

Georgia Code - Contracts - Title 13, Section 13-1-11

(a) Obligations to pay attorney´s fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, shall be valid and enforceable ...

Georgia Code - Contracts - Title 13, Section 13-1-12

When an action is brought by an endorsee, an endorsement or assignment of any bill, bond, or note need not be proved unless denied under oath. ...

Georgia Code - Contracts - Title 13, Section 13-1-13

Payments of claims made through ignorance of the law or where all the facts are known and there is no misplaced confidence and no artifice, deception, or fraudulent ...

Georgia Code - Contracts - Title 13, Section 13-2-1

The construction of a contract is a question of law for the court. Where any matter of fact is involved, the jury should find the fact. ...

Georgia Code - Contracts - Title 13, Section 13-2-2

The following rules, among others, shall be used in arriving at the true interpretation of contracts: (1) Parol evidence is inadmissible to add to, take ...

Georgia Code - Contracts - Title 13, Section 13-2-3

The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words ...

Georgia Code - Contracts - Title 13, Section 13-2-4

The intention of the parties may differ among themselves. In such case, the meaning placed on the contract by one party and known to be thus understood by ...

Georgia Code - Contracts - Title 13, Section 13-3-1

To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the ...

Georgia Code - Contracts - Title 13, Section 13-3-2

The consent of the parties being essential to a contract, until each has assented to all the terms, there is no binding contract; until assented to, each party ...

Georgia Code - Contracts - Title 13, Section 13-3-3

If an offer is made by letter, an acceptance by written reply takes effect from the time it is sent and not from the time it is received; ...

Georgia Code - Contracts - Title 13, Section 13-3-4

Conditions may be precedent or subsequent. A condition precedent must be performed before the contract becomes absolute and obligatory upon the other party. The breach of a condition ...

Georgia Code - Contracts - Title 13, Section 13-3-5

Impossible, immoral, and illegal conditions are void and are binding upon no one. ...

Georgia Code - Contracts - Title 13, Section 13-3-20

(a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age ...

Georgia Code - Contracts - Title 13, Section 13-3-21

If a minor, by permission of his parent or guardian or by permission of law, practices any profession or trade or engages in any business as an adult, ...

Georgia Code - Contracts - Title 13, Section 13-3-22

Marriage contracts and settlements made by persons who are minors but of lawful age to marry are binding as if made by adults. ...

Georgia Code - Contracts - Title 13, Section 13-3-23

Any contract, promissory note, written obligation, or other evidence of indebtedness made and executed by a minor for a loan from any trust fund for educational purposes to ...

Georgia Code - Contracts - Title 13, Section 13-3-24

(a) The contract of an insane, a mentally ill, a mentally retarded, or a mentally incompetent person who has never been adjudicated to be insane, mentally ill, mentally ...

Georgia Code - Contracts - Title 13, Section 13-3-25

A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of ...

Georgia Code - Contracts - Title 13, Section 13-3-40

(a) A consideration is essential to a contract which the law will enforce. An executory contract without such consideration is called nudum pactum or a naked promise. ...

Georgia Code - Contracts - Title 13, Section 13-3-41

Considerations are distinguished into 'good' and 'valuable.' A good consideration is such as is founded on natural duty and affection or on a strong moral obligation. A valuable ...

Georgia Code - Contracts - Title 13, Section 13-3-42

(a) To constitute consideration, a performance or a return promise must be bargained for by the parties to a contract. (b) A performance or return ...

Georgia Code - Contracts - Title 13, Section 13-3-43

If the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promisor or of a loss, disadvantage, or detriment ...

Georgia Code - Contracts - Title 13, Section 13-3-44

(a) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce ...

Georgia Code - Contracts - Title 13, Section 13-3-45

If the consideration is good in part and void in part, the promise will or will not be sustained, depending upon whether it is entire or severable. If ...

Georgia Code - Contracts - Title 13, Section 13-3-46

Mere inadequacy of consideration alone will not void a contract. If the inadequacy is great, it is a strong circumstance to evidence fraud; and, in an action for ...

Georgia Code - Contracts - Title 13, Section 13-3-47

An impossible consideration is insufficient to sustain any promise; however, if the consideration is possible but improbable, it is sufficient to sustain the promise. ...

Georgia Code - Contracts - Title 13, Section 13-4-1

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, ...

Georgia Code - Contracts - Title 13, Section 13-4-2

The materiality of an alteration is a question of law for the court; the fact of an alteration is a question for the jury. ...

Georgia Code - Contracts - Title 13, Section 13-4-3

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-4

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-5

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-20

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-21

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, ...

Georgia Code - Contracts - Title 13, Section 13-4-22

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-23

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. ...

Georgia Code - Contracts - Title 13, Section 13-4-24

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-25

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, ...

Georgia Code - Contracts - Title 13, Section 13-4-26

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-40

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-41

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. ...

Georgia Code - Contracts - Title 13, Section 13-4-42

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-43

(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 ...

Georgia Code - Contracts - Title 13, Section 13-4-60

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-61

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-62

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-80

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-81

A covenant never to sue is equivalent to a release as is a bond to indemnify a debtor against his own debt. ...

Georgia Code - Contracts - Title 13, Section 13-4-82

Intermarriage of the parties generally releases a debt created prior to marriage. However, intermarriage of the parties does not release a debt arising from an antenuptial contract. ...

Georgia Code - Contracts - Title 13, Section 13-4-100

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-101

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-102

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 ...

Georgia Code - Contracts - Title 13, Section 13-4-103

(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 ...

Georgia Code - Contracts - Title 13, Section 13-4-104

An accord and satisfaction is binding upon both parties. ...

Georgia Code - Contracts - Title 13, Section 13-5-1

Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense. ...

Georgia Code - Contracts - Title 13, Section 13-5-2

A person may plead his own incapacity to contract. ...

Georgia Code - Contracts - Title 13, Section 13-5-3

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 ...

Georgia Code - Contracts - Title 13, Section 13-5-4

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. ...

Georgia Code - Contracts - Title 13, Section 13-5-5

Fraud renders contracts voidable at the election of the injured party. ...

Georgia Code - Contracts - Title 13, Section 13-5-6

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 ...

Georgia Code - Contracts - Title 13, Section 13-5-7

A rescission of a contract by consent or a release by the other contracting party shall be a complete defense. ...

Georgia Code - Contracts - Title 13, Section 13-5-8

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 ...

Georgia Code - Contracts - Title 13, Section 13-5-9

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 ...

Georgia Code - Contracts - Title 13, Section 13-5-10

Where covenants are dependent, the failure of performance by the opposing party may be a good defense. ...

Georgia Code - Contracts - Title 13, Section 13-5-11

In a severable contract or one admitting of apportionment, a part performance may be a defense pro tanto. ...

Georgia Code - Contracts - Title 13, Section 13-5-30

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 ...

Georgia Code - Contracts - Title 13, Section 13-5-31

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-1

Damages are given as compensation for the injury sustained as a result of the breach of a contract. ...

Georgia Code - Contracts - Title 13, Section 13-6-2

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-3

(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 ...

Georgia Code - Contracts - Title 13, Section 13-6-4

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-5

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-6

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-7

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-8

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-9

Any necessary expense which one of two contracting parties incurs in complying with the contract may be recovered as damages. ...

Georgia Code - Contracts - Title 13, Section 13-6-10

Unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts. ...

Georgia Code - Contracts - Title 13, Section 13-6-11

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-12

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-13

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-14

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 ...

Georgia Code - Contracts - Title 13, Section 13-6-15

(a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or ...

Georgia Code - Contracts - Title 13, Section 13-7-1

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-2

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-3

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-4

Setoff must be between the same parties and in their own right. ...

Georgia Code - Contracts - Title 13, Section 13-7-5

Between the parties themselves, any mutual demands existing at the time of the commencement of the suit may be set off. ...

Georgia Code - Contracts - Title 13, Section 13-7-6

If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed. ...

Georgia Code - Contracts - Title 13, Section 13-7-7

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-8

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-9

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-10

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. ...

Georgia Code - Contracts - Title 13, Section 13-7-11

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-12

Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake. ...

Georgia Code - Contracts - Title 13, Section 13-7-13

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 ...

Georgia Code - Contracts - Title 13, Section 13-7-14

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. ...

Georgia Code - Contracts - Title 13, Section 13-8-1

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-2

(a) A contract which is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to: ...

Georgia Code - Contracts - Title 13, Section 13-8-2.1

(a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not ...

Georgia Code - Contracts - Title 13, Section 13-8-3

(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 ...

Georgia Code - Contracts - Title 13, Section 13-8-4

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-11

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-12

As used in this article, the term:

(1) 'Dealer' means any person who sells, maintains, solicits, or advertises the sale of new and used equipment to the consuming public. It shall not include (A) public officers while performing their duties as such officers; (B) persons making casual sales of their own equipment not subject to sales tax under the laws of the State of Georgia; (C) persons engaged in the auction sale of equipment; or (D) dealers in used equipment

(2) 'Dealership' means the business of selling or attempting to effect the sale by a dealer of new equipment or the right conferred by written or oral agreement ...

Georgia Code - Contracts - Title 13, Section 13-8-13

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-14

Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful. ...

Georgia Code - Contracts - Title 13, Section 13-8-15

(a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or dealer to ...

Georgia Code - Contracts - Title 13, Section 13-8-15.1

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-15.2

(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 ...

Georgia Code - Contracts - Title 13, Section 13-8-16

(a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its equipment prior to delivery of same to retail purchasers. ...

Georgia Code - Contracts - Title 13, Section 13-8-17

(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any ...

Georgia Code - Contracts - Title 13, Section 13-8-17.1

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-18

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-19

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-20

(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 ...

Georgia Code - Contracts - Title 13, Section 13-8-21

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-22

(a) Whenever any dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of equipment or repair parts ...

Georgia Code - Contracts - Title 13, Section 13-8-23

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, ...

Georgia Code - Contracts - Title 13, Section 13-8-24

A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs ...

Georgia Code - Contracts - Title 13, Section 13-8-25

The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered ...

Georgia Code - Contracts - Title 13, Section 13-8-31

The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and ...

Georgia Code - Contracts - Title 13, Section 13-8-32

As used in this article, the term: (1) 'Distributor' or 'wholesaler' means any person, company, or corporation who purchases farm equipment or implements or parts ...

Georgia Code - Contracts - Title 13, Section 13-8-33

Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and ...

Georgia Code - Contracts - Title 13, Section 13-8-34

Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. ...

Georgia Code - Contracts - Title 13, Section 13-8-35

(a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, ...

Georgia Code - Contracts - Title 13, Section 13-8-36

(a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same ...

Georgia Code - Contracts - Title 13, Section 13-8-37

Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements ...

Georgia Code - Contracts - Title 13, Section 13-8-38

The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the ...

Georgia Code - Contracts - Title 13, Section 13-8-39

It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a ...

Georgia Code - Contracts - Title 13, Section 13-8-40

(a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or ...

Georgia Code - Contracts - Title 13, Section 13-8-41

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 ...

Georgia Code - Contracts - Title 13, Section 13-8-42

(a) Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts ...

Georgia Code - Contracts - Title 13, Section 13-8-43

In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option ...

Georgia Code - Contracts - Title 13, Section 13-8-44

A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to, court costs and reasonable attorney´s fees or damages arising out ...

Georgia Code - Contracts - Title 13, Section 13-8-45

The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered ...

Georgia Code - Contracts - Title 13, Section 13-9-1

As used in this chapter, the term: (1) 'Contract for sale' means sales, purchases, agreements of sale, agreements to sell, and agreements to purchase; and ...

Georgia Code - Contracts - Title 13, Section 13-9-2

(a) All contracts of sale for future delivery of cotton, grain, stocks, or other commodities (1) made in accordance with the rules of any board of trade, exchange, ...

Georgia Code - Contracts - Title 13, Section 13-9-3

(a) Any contract of sale for future delivery of cotton, grain, stocks, or other commodities shall be null and void and unenforceable in any court by any party ...

Georgia Code - Contracts - Title 13, Section 13-9-4

Every person shall furnish upon demand, to any principal for whom such person has executed any contract for future delivery of any cotton, grain, stocks, or other commodities, ...

Georgia Code - Contracts - Title 13, Section 13-9-5

There may be organized in any municipality voluntary associations to be known as cotton exchanges, boards of trade, or similar institutions, to receive and post quotations on cotton, ...

Georgia Code - Contracts - Title 13, Section 13-9-6

(a) As used in this Code section, the term 'bucket shop' means any place of business in which contracts of the nature provided for in Code Section 13-9-3 ...

Georgia Code - Contracts - Title 13, Section 13-9-7

In the event of a conflict between this chapter and Title 11, the 'Uniform Commercial Code,' the Uniform Commercial Code shall control. ...

Georgia Code - Contracts - Title 13, Section 13-10-1

As used in this article, the term 'state' means the state of Georgia, any agency of the state, and any state authority. ...

Georgia Code - Contracts - Title 13, Section 13-10-2

(a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a state public works construction contract shall be approved and filed with the treasurer or ...

Georgia Code - Contracts - Title 13, Section 13-10-20

(a) Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public ...

Georgia Code - Contracts - Title 13, Section 13-10-21

(a) In lieu of the bid bond provided for in Code Section 13-10-20, the state may accept a cashier´s check, certified check, or cash in the amount of ...

Georgia Code - Contracts - Title 13, Section 13-10-22

(a) As used in this Code section, the term 'bid' shall include proposals and the term 'bidder' shall include offerors. (b) When receiving bids subject ...

Georgia Code - Contracts - Title 13, Section 13-10-23

(a) As used in this Code section, the term: (1) 'Affiliated corporation' means, with respect to any corporation, any other corporation related thereto: ...

Georgia Code - Contracts - Title 13, Section 13-10-24

The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any ...

Georgia Code - Contracts - Title 13, Section 13-10-40

Except as otherwise provided in Title 32, performance bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, ...

Georgia Code - Contracts - Title 13, Section 13-10-41

When the amount of the performance bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit ...

Georgia Code - Contracts - Title 13, Section 13-10-42

The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any ...

Georgia Code - Contracts - Title 13, Section 13-10-60

Except as otherwise provided in Title 32, payment bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, ...

Georgia Code - Contracts - Title 13, Section 13-10-61

If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done ...

Georgia Code - Contracts - Title 13, Section 13-10-62

(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in ...

Georgia Code - Contracts - Title 13, Section 13-10-63

(a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or ...

Georgia Code - Contracts - Title 13, Section 13-10-64

The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor ...

Georgia Code - Contracts - Title 13, Section 13-10-65

No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works ...

Georgia Code - Contracts - Title 13, Section 13-10-80

(a) As used in this Code section, the term: (1) 'Contractor' means a person having a direct contract with the owner. (2) 'Lower ...

Georgia Code - Contracts - Title 13, Section 13-10-81

(a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to ...

Georgia Code - Contracts - Title 13, Section 13-10-82

(a) In lieu of the retained amounts provided for in Code Section 13-10-81, any department, agency, or instrumentality of the state or any political subdivision of the state ...

Georgia Code - Contracts - Title 13, Section 13-10-83

Nothing in this article shall be construed or deemed to affect any contract covered by the provisions of Code Sections 32-2-75 through 32-2-77. ...

Georgia Code - Contracts - Title 13, Section 13-11-1

This chapter shall be known and may be cited as the 'Georgia Prompt Pay Act.' ...

Georgia Code - Contracts - Title 13, Section 13-11-2

As used in this chapter, the term: (1) 'Contractor' means a person who contracts with an owner to improve real property, to perform construction services, ...

Georgia Code - Contracts - Title 13, Section 13-11-3

Performance by a contractor or subcontractor in accordance with the provisions of his or her contract and the satisfaction of the conditions of his or her contract precedent ...

Georgia Code - Contracts - Title 13, Section 13-11-4

(a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner ...

Georgia Code - Contracts - Title 13, Section 13-11-5

(a) Nothing in this chapter shall prevent the owner from withholding payment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been ...

Georgia Code - Contracts - Title 13, Section 13-11-6

The contractor shall, within ten days from the contractor´s receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor´s retainage in the ...

Georgia Code - Contracts - Title 13, Section 13-11-7

(a) Except as provided in Code Section 13-11-5, if a periodic or final payment to a contractor is delayed by more than 15 days or if a periodic ...

Georgia Code - Contracts - Title 13, Section 13-11-8

In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but ...

Georgia Code - Contracts - Title 13, Section 13-11-9

Neither the right to recover interest on a payment nor the right to recover attorneys´ fees under this chapter are exclusive remedies. This chapter does not modify the ...

Georgia Code - Contracts - Title 13, Section 13-11-10

The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units. ...

Georgia Code - Contracts - Title 13, Section 13-11-11

The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995. ...

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Last modified: May 3, 2006