Official Code of Georgia Annotated

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

23-2-32. When negligent complainant granted relief.

Active

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

(a)
The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty.#
(b)
Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced thereby.#

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

Civil Code 1895, § 3974; Civil Code 1910, § 4571; Code 1933, § 37-212.

Law reviews

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

Other notes

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

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