Official Code of Georgia Annotated

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

23-2-31. Rescission for unilateral mistake of fact.

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

Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only.

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.

Civil Code 1895, § 3982; Civil Code 1910, § 4579; Code 1933, § 37-207.

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

History of Code section.: This Code section is derived from the decision in Werner v. Rawson, 89 Ga. 619, 15 S.E. 813 (1892).

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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 330; merge action: annotated; file SHA-256 b3cf4ff62f2f.