Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 3. ELEMENTS AND FORMATION GENERALLY · Article 3. CONSIDERATION

13-3-41. Types of consideration.

Active

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

Considerations are distinguished into ‘‘good’’ and ‘‘valuable.’’ A good consideration is such as is founded on natural duty and affection or on a strong moral obligation. A valuable consideration is founded on money or something convertible into money or having a value in money, except marriage, which is a valuable consideration.

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, § 2705; Code 1868, § 2699; Code 1873, § 2741; Code 1882, § 2741; Civil Code 1895, § 3658; Civil Code 1910, § 4243; Code 1933, § 20-303.

Cross references

Additional provisions relating to marriage as valuable consideration, § 19-3-60.

Law reviews

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.) For comment on property interest of inventor as valuable consideration, in light of Alexis, Inc. v. Werbell, 209 Ga. 665, 75 S.E.2d 168 (1953), see 5 Mercer L. Rev. 208 (1953).

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