Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 12. RIGHTS IN PERSONALTY · Article 3. BAILMENTS · Part 1. IN GENERAL

44-12-45. When act of God or contract exception available as defense.

Active

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

In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss but that his own negligence did not contribute to the loss.

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, § 2265; Civil Code 1910, § 2713; Code 1933, § 12-106.

Risk of loss in the absence of breach, § 11-2-509.

History of Section.: This Code section is derived from the decision in Richmond & D.R.R. v. White & Co., 88 Ga. 805, 15 S.E. 802 (1892).

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

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 205; merge action: carried; file SHA-256 02e72213893a.