Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 2. ACCIDENT AND MISTAKE

23-2-29. Equitable interference not authorized by failure to exercise diligence; ignorance of fact absent fraud.

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

If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the opposite party justify an interference if there has been no misplaced confidence, misrepresentation, or other fraudulent act.

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, § 3059; Code 1868, § 3071; Code 1873, § 3126; Code 1882, § 3126; Civil Code 1895, § 3984; Civil Code 1910, § 4581; Code 1933, § 37-211.

Law reviews

For article, ‘‘Limitations on the Meaning and Impact of DeGarmo v. DeGarmo,’’ see 4 Ga. St. B.J. 20 (1998).

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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 322; merge action: carried; file SHA-256 b3cf4ff62f2f.