51-1-7. When infraction of public duty gives cause of action to individual.

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

Injury suffered in common with the community, though to a greater extent, will not give a right of action to an individual for the infraction of some public duty. In order for an individual to have such a right of action, there must be some special damage to him, in which the public has not participated.

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, § 2895; Code 1868, § 2901; Code 1873, § 2952; Code 1882, § 2952; Civil Code 1895, § 3808; Civil Code 1910, § 4404; Code 1933, § 105-102.

Law reviews

For article, ‘‘Georgia’s Public Duty Doctrine: The Supreme Court Held Hostage,’’ see 51 Mercer L. Rev. 73 (1999). For comment, ‘‘The Officer Has No Robes: A Formalist Solution to the Expan-sion of Quasi-Judicial Immunity,’’ see 66 Emory L.J. 123 (2016).

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

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 62; merge action: carried; file SHA-256 bc30a40687b2.

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