13-5-9. Total or partial failure of consideration generally.

Active

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

If the consideration for a promise, apparently good or valuable, fails either wholly or in part before the promise is executed, the failure of consideration may be pleaded in defense to the promise as provided for in subsection (c) of Code Section 9-11-8. If the failure of consideration is partial, an apportionment shall be made according to the facts of each case.

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, § 2712; Code 1868, § 2706; Code 1873, § 2748; Code 1882, § 2748; Civil Code 1895, § 3665; Civil Code 1910, § 4250; Code 1933, § 20-310.

Law reviews

For article discussing failure of consideration, see 4 Mercer L. Rev. 327 (1953). For comment on Miami Butterine Co. v. Franki, 190 Ga. 88, 8 S.E.2d 398 (1940), see 3 Ga. B.J. 51 (1941).

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