2021 Georgia Code
Title 13 - Contracts
Chapter 1 - General Provisions
§ 13-1-8. Contract Defined - Entire and Severable Contracts
- A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
- The character of the contract in such case is determined by the intention of the parties.
(Orig. Code 1863, § 2687; Code 1868, § 2683; Code 1873, § 2725; Code 1882, § 2725; Civil Code 1895, § 3643; Civil Code 1910, § 4228; Code 1933, § 20-112.)
Law reviews.- For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Entire Contracts
- Severable Contracts
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, §§ 239 et seq., 315 et seq. 29 Am. Jur. 2d, Evidence, § 860.
C.J.S.- 17A C.J.S., Contracts, §§ 331 et seq., 458, 502, 511, 627.
ALR.
- Right of beneficiary to enforce contract between third persons to provide for him by will, 2 A.L.R. 1193; 33 A.L.R. 739; 73 A.L.R. 1395.
Failure to comply with statute of frauds as to a part of a contract within the statute as affecting the enforceability of another part not covered by the statute, 71 A.L.R. 479.
Severability of invalid arbitration provisions of contract, 90 A.L.R. 1305.
Validity of stipulation, in contract between attorney and client, prohibiting or restricting right of latter to compromise without former's consent, and effect of invalid stipulation in regard upon rest of contract, 121 A.L.R. 1122.
Entirety or divisibility of building construction contract for two or more separate buildings, 147 A.L.R. 933.
Severability of provisions in collective bargaining labor contracts, 14 A.L.R.2d 846.
Liabilities or risks of loss arising out of contract for repairs or additions to, or installations in, existing building which, without fault of either party, is destroyed pending performance, 28 A.L.R.3d 788.
Construction of provision in real-estate mortgage, land contract, or other security instrument for release of separate parcels of land as payments are made, 41 A.L.R.3d 7.
Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.
