13-2-3. Ascertainment and enforcement of intention of parties generally.

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

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 are used to arrive at the intention, it shall be enforced irrespective of all technical or arbitrary rules of construction.

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

Orig. Code 1863, § 2719; Code 1868, § 2713; Code 1873, § 2755; Code 1882, § 2755; Civil Code 1895, § 3673; Civil Code 1910, § 4266; Code 1933, § 20-702.

Law reviews

For article, ‘‘Limitations on the Meaning and Impact of DeGarmo v. DeGarmo,’’ see 4 Ga. St. B.J. 20 (1998). For comment advocating liberal construction of indefinite employment contract, in light of Gray v. Aiken, 205 Ga. 649, 54 S.E.2d 587 (1949), see 1 Mercer L. Rev. 304 (1950). For comment on Rose City Foods, Inc. v. Bank of Thomas County, 207 Ga. 477, 62 S.E.2d 145 (1950), see 13 Ga. B.J. 471 (1951).

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

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 128; merge action: annotated; file SHA-256 18573afb153d.

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