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Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 4. MODIFICATION, EXTINGUISHMENT, AND RENEWAL · Article 1. GENERAL PROVISIONS

13-4-1. Alteration of written contract — Effect generally.

Active

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

  1. If a written contract is altered intentionally and in a material part thereof by a person claiming a benefit under it with intent to defraud the other party, the alteration voids the whole contract, at the option of the other party. If the alteration is unintentional or by mistake or in an immaterial matter or not with intent to defraud and if the contract as originally executed can be discovered and is still capable of execution, it shall be enforced by the court. If the alteration is made by a stranger and not at the instance or by collusion of a party or privy and if the original words can be restored, the contract shall be enforced.

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, § 2793; Code 1868, § 2801; Code 1873, § 2852; Code 1882, § 2852; Civil Code 1895, § 3702; Civil Code 1910, § 4296; Code 1933, § 20-802.

Cross references

Discharge of surety for changes in contract without his consent, § 10-7-21. Effect of alteration of negotiable instrument, § 11-3-407.

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