Official Code of Georgia Annotated
Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 2. ACCIDENT AND MISTAKE
23-2-21. What mistakes relievable in equity; power to relieve to be exercised cautiously.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.#
- (b)
Mistakes may be either of law or of fact.#
- (c)
The power to relieve mistakes shall be exercised with caution; to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.#
History
Orig. Code 1863, §§ 3050, 3053; Code 1868, §§ 3062, 3065; Code 1873, §§ 3117, 3120; Code 1882, §§ 3117, 3120; Civil Code 1895, §§ 3973, 3977; Civil Code 1910, §§ 4570, 4574; Code 1933, §§ 37-202, 37-203.
Cross references
Form of complaint for money paid by mistake, § 9-11-107.
Law reviews
For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).
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 t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, pages 305 to 306; merge action: annotated; file SHA-256 b3cf4ff62f2f.