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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 1. · Article 1. GENERAL PROVISIONS · Part 1. GENERAL PROVISIONS

11-1-103. Rules of construction to promote purposes and policies; applicability of supplemental principles of law.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    This title shall be liberally construed and applied to promote its underlying purposes and policies which are:#

    1. (1)

      To simplify, clarify, and modernize the law governing commercial transactions;#

    2. (2)

      To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and#

    3. (3)

      To make uniform the law among the various jurisdictions.#

  2. (b)

    Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause shall supplement its provisions.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-1-102, enacted by Ga. L. 1962, p. 156, § 1; Code 1981, § 11-1-103, as redesignated by Ga. L. 2015, p. 996, § 3A-1/SB 65.

Editor's notes

Former Code Section 11-1-103, pertaining to supplementary general principles of law applicable, was repealed by Ga. L. 2015, p. 996, § 3A-1/SB 65, effective January 1, 2016. The former Code section was based on Ga. L. 1962, p. 156, § 1.

Law reviews

For article on choice-of-law of contracts in Georgia, see 21 Mercer L. Rev. 389 (1970). For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977). 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). For article, “Computer Software: Does Article 2 of the Uniform Commercial Code Apply?,” see 35 Emory L.J. 853 (1986). For article, “Contract Litigation and the Elite Bar in New York City, 1960-1980,” see 39 Emory L.J. 413 (1990). For note, “Negotiable Promissory Notes Containing Time and Demand Provisions: The Need for Consistent Interpretation,” see 19 Ga. L. Rev. 717 (1984). For note, “Enforcing Manufacturers’ Warranty Exclusions Against Non-Privity Commercial Purchasers: The Need for Uniform Guidelines,” see 20 Ga. L. Rev. 461 (1986).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 19; merge action: carried; file SHA-256 ad397fccbf21.