2020 Georgia Code
Title 13 - Contracts
Chapter 5 - Defenses
- Excuse for nonperformance of contract for sale of goods, ยง 11-2-601 et seq.
JUDICIAL DECISIONS
Interference with contractual relationship when based on absolute right.
- There is no liability for interference with a contractual relationship when the alleged interference is caused by the exercise of an absolute right. J.C. Penney Co. v. Davis & Davis, Inc., 158 Ga. App. 169, 279 S.E.2d 461 (1981).
Distinction exists between interference with contractual rights and procuring or inducing another to breach the other's contract. First Mtg. Corp. v. Felker, 158 Ga. App. 14, 279 S.E.2d 451 (1981).
Failure of third person to perform independent prior contract made with one of the parties does not give rise to a cause of action for inducing the breach of the contract. First Mtg. Corp. v. Felker, 158 Ga. App. 14, 279 S.E.2d 451 (1981).
Caveat emptor is not a defense to action on warranty breach. Ben Trovato Properties, Inc. v. Strauss, 159 Ga. App. 510, 284 S.E.2d 632 (1981).
RESEARCH REFERENCES
ALR.
- Rights and remedies of one whose contract for a free or reduced service rate with public utility in consideration of a grant of property or privileges is nullified by public authority, 14 A.L.R. 252.
Validity of contract by agent for compensation from third person for negotiating loan or sale with principal, 14 A.L.R. 464.
Right of infant to recover back insurance premiums, 94 A.L.R. 965.
Agency: Anti-assignment clause in contract as precluding enforcement by undisclosed principal, 75 A.L.R.3d 1184.
Failure of building and construction artisan or contractor to procure business or occupational license as affecting enforceability of contract or right of recovery for work done - modern cases, 44 A.L.R.4th 271.
Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.
