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Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 3. ELEMENTS AND FORMATION GENERALLY · Article 1. GENERAL PROVISIONS

13-3-1. Essentials of contracts generally.

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

  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 contract, and a subject matter upon which the contract can operate.

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, § 2682; Code 1868, § 2678; Code 1873, § 2720; Code 1882, § 2720; Civil Code 1895, § 3637; Civil Code 1910, § 4222; Code 1933, § 20-107.

Cross references

Formation of contracts under Uniform Commercial Code, § 11-2-204. Acceptance of offer under Uniform Commercial Code, §§ 11-2-206, 11-2-207. Consideration is essential to a contract, § 13-3-40. Correlation of capacity to contract with capacity to make will, § 53-2-21.

Law reviews

For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For annual survey of law of business associations, see 56 Mercer L. Rev. 77 (2004). For comment on Georgia Power Co. v. Roper, 73 Ga. App. 826, 38 S.E.2d 91 (1946), see 9 Ga. B.J. 89 (1946).

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 t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 147; merge action: annotated; file SHA-256 18573afb153d.