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Official Code of Georgia Annotated

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

13-3-44. Effect of promise which is reasonably expected to induce action or forbearance by promisee or third person; requirement as to proof of reliance in cases of charitable subscriptions or marriage settlements.

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

  1. (a)

    A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.#

  2. (b)

    A charitable subscription or a marriage settlement is binding under subsection (a) of this Code section without proof that the promise induced action or forbearance.#

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, § 20-302.2, enacted by Ga. L. 1981, p. 876, § 2.

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 article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For note, ‘‘Promissory Estoppel in Georgia,’’ see 2 Mercer L. Rev. 405 (1951). For note, ‘‘Contingency Financing Clauses in Real Estate Sales Contracts in Georgia,’’ see 8 Ga. L. Rev. 186 (1973).

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