Official Code of Georgia Annotated

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

23-2-30. Reformation and execution of contract in case of mistake distinguished.

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

A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute.

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, § 3057; Code 1868, § 3069; Code 1873, § 3124; Code 1882, § 3124; Civil Code 1895, § 3981; Civil Code 1910, § 4578; Code 1933, § 37-208.

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