23-1-15. Where both parties equally at fault; where fault is unequal.

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

When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other.

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, § 3026; Code 1868, § 3038; Code 1873, § 3093; Code 1882, § 3093; Civil Code 1895, § 3937; Civil Code 1910, § 4534; Code 1933, § 37-112.

Law reviews

For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).

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

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 257; merge action: carried; file SHA-256 b3cf4ff62f2f.