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Official Code of Georgia Annotated

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

13-3-2. Contract incomplete without assent of parties to terms thereof; withdrawal of bid or proposition by party.

Active

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

  1. 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 may withdraw his bid or proposition.

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, § 2689; Code 1868, § 2685; Code 1873, § 2727; Code 1882, § 2727; Civil Code 1895, § 3645; Civil Code 1910, § 4230; Code 1933, § 20-108.

Cross references

Formation of contracts under Uniform Commercial Code, § 11-2-204. Offer and acceptance under Uniform Commercial Code, §§ 11-2-206, 11-2-207.

Law reviews

For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For article discussing the anachronistic nature of the Georgia Contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the Restatements of Contracts and in Code 1933, Title 20 (now this title), and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 499 (1979). (But see amendments by Ga. L. 1981, p. 876.)

Other notes

History of Code section.
The language of this Code section is derived in part from the decision in Prior v. Hilton & Dodge Lumber Co., 141 Ga. 117, 80 S.E. 559 (1913).

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 157; merge action: annotated; file SHA-256 18573afb153d.