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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.

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

  1. (a)

    A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.#

  2. (b)

    Mistakes may be either of law or of fact.#

  3. (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.#

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, §§ 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.