GA RULE DISTINCTIONS Flashcards
What is the effect of a seal in Georgia contracts?
In Georgia, the existence of a seal raises a prima facie presumption of consideration, which is rebuttable.
What is the age of majority in Georgia?
In Georgia, the recognized age of majority is 18 years old.
Can minors enter into binding contracts in Georgia?
Infants generally lack capacity to enter into a contract binding on themselves, but married persons under age 18 are considered adults in many states.
What are some exceptions to a minor’s capacity to contract in Georgia?
Georgia recognizes certain statutory exceptions, such as student loans and business and professional contracts.
What contracts must be in writing under the Statute of Frauds in Georgia?
Contracts required to be in writing include promises to pay estate debts, promises to pay debt of another, promises in consideration of marriage, interest in land, performance not within one year, and goods priced at $500 or more.
What additional contract is covered by the Statute of Frauds in Georgia?
In Georgia, a commitment to lend money must be in writing to be enforceable.
What is the equal dignities rule in Georgia?
Georgia follows the equal dignities rule, requiring the authority of an agent to execute a contract required by law to be in writing to also be in writing.
When does the Statute of Frauds apply to performance not within one year in Georgia?
A promise that cannot be performed within one year is subject to the Statute of Frauds, with the date running from the date of the agreement.
What constitutes part performance to remove a contract from the Statute of Frauds in Georgia?
In Georgia, sufficient part performance requires full payment accepted by the vendor, possession of the property plus partial payment, or possession of the property plus valuable improvements.
How is ‘conspicuous’ defined in Georgia for disclaimers of warranties?
A term is conspicuous if it is so written, displayed, or presented that a reasonable person ought to have noticed it.
What are the conditions under which a buyer may revoke acceptance in Georgia?
The buyer may revoke acceptance if the goods have a defect that substantially impairs their value and they accepted the goods under certain reasonable beliefs.
What is Georgia’s lemon law regarding nonconforming vehicles?
Under Georgia’s lemon law, if a consumer informs the manufacturer of a nonconforming vehicle within the first two years or 24,000 miles, the manufacturer is entitled to a reasonable number of repair attempts.
What is the rule regarding avoidable damages in Georgia?
Under common law, the nonbreaching party cannot recover damages that could have been avoided with reasonable effort; however, Georgia does not require mitigation of damages in lease contracts.
What distinguishes an intended beneficiary from an incidental beneficiary in Georgia?
It must clearly appear that both parties intended for the third party to be a beneficiary for them to have standing; mere indirect benefit is not sufficient.
What rights may be assigned under Georgia law?
Generally, all contractual rights may be assigned unless it would substantially change the obligor’s duty, involve future rights from future contracts, or is prohibited by law.
What is the rule regarding assignment of rights in Georgia contracts?
In Georgia, unless the contract is for personal services, once a party performs so that the contract is no longer executory, the right to enforce the contract may be assigned without the other party’s consent.
