2021 Georgia Code
Title 13 - Contracts
Chapter 6 - Damages and Costs Generally

- Parties who may bring action on a contract, § 9-2-20.

Remedies for breach of contracts for sales of goods, § 11-2-701 et seq.

Specific performance, § 23-2-130 et seq.

- For article, "Georgia Annotations, Restatement of the Law of Contracts," see 5 Ga. B.J. 15 (1942). For article surveying Georgia cases in the area of tort law from June 1, 1977, through May 1978, see 30 Mercer L. Rev. 215 (1978). For annual survey on law of contracts, see 42 Mercer L. Rev. 125 (1990).

JUDICIAL DECISIONS

Breach of one contract does not provide grounds for rescission of separate and distinct contract.

- There is no rule of law which allows breach of one contract to suffice as grounds for rescission of another separate and distinct contract; indeed, the well established rule is to the contrary. CEE Fed. Credit Union v. Chesser, 150 Ga. App. 328, 258 S.E.2d 2 (1979).

RESEARCH REFERENCES

ALR.

- Measure of damages for breach of contract preventing operation of nonindustrial business in contemplation, but not established or in actual operation, 1 A.L.R. 156; 99 A.L.R. 938.

Liability of one contracting to make repairs for damages from improper performance of the work, 1 A.L.R. 1654; 44 A.L.R. 824.

Measure of damages for defective performance of contract to bore or case well, 5 A.L.R. 240.

Rights of parties to a timber contract upon failure of purchaser to remove the timber within the time fixed or within a reasonable time, 15 A.L.R. 41; 31 A.L.R. 944; 42 A.L.R. 641; 71 A.L.R. 143; 164 A.L.R. 423.

Right to damages because of abandonment or relocation of railway line, station, or sidetrack, 23 A.L.R. 555.

Dismissal of suit as affecting election of remedies as between damages and specific performance, 26 A.L.R. 111.

Liability of labor organization for inducing breach of contract to furnish or accept material, 29 A.L.R. 562.

Rights and remedies of purchaser under seller's agreement to assist him in reselling the goods, 29 A.L.R. 666.

Power of equity to grant damages on enjoining breach of contract by seller of business not to engage in competing business, 31 A.L.R. 1174.

Time as of which damages are to be determined where broker, before expiration of credit period, repudiates contract to purchase stock for customer on partial payment plan, 31 A.L.R. 1179.

Rate of exchange to be taken into account in assessing damages for breach of contract, 33 A.L.R. 1285; 43 A.L.R. 520; 50 A.L.R. 1273; 105 A.L.R. 640.

Anticipatory repudiation of contract for sale of goods by buyer as affecting time as of which damages are to be computed, 34 A.L.R. 114.

Measure of damages for breach of a contract to pay a specific sum in stock, notes, bonds, or other securities, 34 A.L.R. 931.

Right to amount stipulated in contract for breach where it appears there were no actual damages, or there was no proof of such damages, 34 A.L.R. 1336.

Recovery by one who has breached contract for services providing for share in proceeds or profits as compensation, 40 A.L.R. 34.

Measure of damages for buyer's breach of contract to purchase shares of stock, 44 A.L.R. 358.

Measure of recovery by vendee under executory contract for purchase of real property where vendor is unable or refuses to convey, 48 A.L.R. 12; 68 A.L.R. 137; 17 A.L.R.2d 1300.

Stipulation in land contract for payment of specified sum by vendor in case of default as provision for liquidated damages or penalty, 48 A.L.R. 899.

Right to recover as for breach of original building or construction contract where one party, upon refusal of other party to abide by the terms, proceeds under new or changed terms, 61 A.L.R. 212.

Measure of damages for broker's breach of contract with customer as to sales and purchases of stocks on the exchange, 63 A.L.R. 305.

Measure of recovery by building contractor where contract is substantially but not exactly performed, 65 A.L.R. 1297.

Measure of recovery by vendee under executory contract for purchase of real property where a vendor is unable or refuses to convey, 68 A.L.R. 137; 17 A.L.R.2d 1300; 17 A.L.R.2d 1300.

Remedies for breach of decedent's agreement to devise, bequeath, or leave property as compensation for services, 69 A.L.R. 14; 106 A.L.R. 742.

Right of one party to treat repudiation of contract by other as a breach, as affected by former's subsequent demand of, or expression of a willingness to receive, performance, 69 A.L.R. 1303.

Right as against corporation of stockholder who surrenders part of his stock in reliance upon agreement by other stockholders to do the same which they fail to carry out, 74 A.L.R. 1377.

Distinction between uncertainty as to whether substantial damages resulted and uncertainty as to amount, 78 A.L.R. 858.

Time and place with reference to which damages for conversion of chattel are to be determined as against one not a party to the original conversion, 80 A.L.R. 613.

Right to maintain action for damages as for breach of contract upon lease defectively executed, 82 A.L.R. 1318.

Sale by vendor of all or substantial part of property to a third person before time fixed for performance of contract of sale as breach, or ground of rescission by vendee, or as affecting rights to specific performance, 90 A.L.R. 337.

Rule requiring reduction of future payments to present worth as applicable to determination of damages for breach of contract of employment, 90 A.L.R. 1318.

Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 95 A.L.R. 1163.

Remedy by mandatory injunction or specific performance for breach of contract to furnish one the requirements of his business, 98 A.L.R. 421.

Measure of damages for breach of contract preventing operation of nonindustrial business in contemplation, but not established or in actual operation, 99 A.L.R. 938.

Right of vendee under executory land contract to treat contract as breached and maintain action for damages upon vendor's declaration prior to time for performance that he will not perform, 102 A.L.R. 1082.

Construction and effect of bond or other agreement to protect mortgagee against prior tax or other liens, or failure to make or complete improvements or repairs, and measure of damages for breach thereof, 103 A.L.R. 1395.

Right of building or construction contractor to recover damages resulting from delay caused by default of contractee, 115 A.L.R. 65.

Presumption and burden of proof regarding mitigation of damages, 134 A.L.R. 242.

Failure of complaint to state cause of action for unliquidated damages as ground for dismissal of action at hearing to determine amount of damages following defendant's default, 163 A.L.R. 496.

Cancelation of lease or contract pursuant to provision in that regard as affecting liability accruing before cancelation, 166 A.L.R. 391.

Vendor's willingness and ability to perform contract which does not satisfy statute of frauds as precluding purchaser's recovery back of payments made thereon, 169 A.L.R. 187.

Buyer's acceptance of part of goods as affecting right to damages for failure to complete delivery, 169 A.L.R. 595.

Specific performance or injunctive relief against breach of contract, other than lease or agreement therefor, or contract for services, terminable by one party but not the other, 8 A.L.R.2d 1208.

Validity and construction of provision for liquidated damages in contract with cooperative marketing association, 12 A.L.R.2d 130.

Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.

Measure of damages for fraudulently procuring services at lowered rate or gratuitously, 24 A.L.R.2d 742.

Measure of damages for buyer's breach of contract to purchase article from dealer or manufacturer's agent, 24 A.L.R.2d 1008.

Measure and items of compensation of contractor under cost-plus contract which is terminated, without breach, before contemplation, 28 A.L.R.2d 867.

Purchaser's use or attempted use of articles known to be defective as affecting damages recoverable for breach of warranty, 33 A.L.R.2d 511.

Conflict of laws as to elements and measure of damages recoverable for breach of contract, 50 A.L.R.2d 227.

Measure and elements of damages recoverable for breach of contract to support person, 50 A.L.R.2d 613.

Measure or basis of attorney's recovery on express contract fixing noncontingent fees, where he is discharged without cause or fault on his part, 54 A.L.R.2d 604.

Employer's damages for breach of employment contract by employee's terminating employment, 61 A.L.R.2d 1008.

Measure and elements of damages for breach of contract to marry, 73 A.L.R.2d 553.

Measure of vendee's recovery in action for damages for vendor's delay in conveying real property, 74 A.L.R.2d 578.

Liability of labor union or its officers or members for wrongful suspension or expulsion of member, 74 A.L.R.2d 783.

Measure of damages, to advertiser, for radio or television station's breach or wrongful termination of contract, 90 A.L.R.2d 1199.

Water well-drilling contracts, 90 A.L.R.2d 1346.

Measure and elements of damages recoverable against union for breach of no-strike provision in collective bargaining agreement, 92 A.L.R.2d 1232.

Liability of garageman to one ordering repair of motor vehicle, for defective work, 92 A.L.R.2d 1408; 1 A.L.R.4th 347; 23 A.L.R.4th 274.

Duty of construction contractor to indemnify contractee held liable for injury to third person, in absence of express contract for indemnity, 97 A.L.R.2d 616.

Contractor's liability for alleged breach of contract for construction of swimming pool, 1 A.L.R.3d 870.

Construction contractor's liability to contractee for defects or insufficiency of work attributable to the latter's plans and specifications, 6 A.L.R.3d 1394.

Venue of damage action for breach of real-estate sales contract, 8 A.L.R.3d 489.

Liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 A.L.R.3d 1436.

Awarding damages for delay, in addition to specific performance, of contract for sale of corporate stock, 28 A.L.R.3d 1401.

Seller's liability for fraud in connection with contract for the sale of long-term dancing lessons, 28 A.L.R.3d 1412.

Breach or repudiation of contract as affecting right to enforce arbitration clause therein, 32 A.L.R.3d 377.

Validity and construction of "no damage" clause with respect to delay in building or construction contract, 74 A.L.R.3d 187.

Telephone company's right to change subscriber's telephone number, 75 A.L.R.3d 700.

Liability of bank in connection with night depository service, 77 A.L.R.3d 597.

Tax preparer's liability to taxpayer in connection with preparation of tax return, 81 A.L.R.3d 1119.

Liability of lessee who refuses to take possession under executed lease or executory agreement to lease, 85 A.L.R.3d 514.

Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.

Measure and elements of damages in action against physician for breach of contract to achieve particular result or cure, 99 A.L.R.3d 303.

Wrongful cancellation of medical malpractice insurance, 99 A.L.R.3d 469.

Increase in tuition as actionable in suit by student against college or university, 99 A.L.R.3d 885.

Measure and elements of damages in action against garageman based on failure to properly perform repair or service on motor vehicle, 1 A.L.R.4th 347.

Liability of insurer for damages resulting from delay in passing upon an application for life insurance, 1 A.L.R.4th 1202.

Recovery of damages for breach of contract to convey homestead where only one spouse signed contract, 5 A.L.R.4th 1310.

Amount of appropriation as limitation on damages for breach of contract recoverable by one contracting with government agency, 40 A.L.R.4th 998.

Modern status of rule as to whether cost of correction or difference in value of structures is proper measure of damages for breach of construction contract, 41 A.L.R.4th 131.

Damages for breach of contract as affected by income tax considerations, 50 A.L.R.4th 452.

Equipment leasing expense as element of construction contractor's damages, 52 A.L.R.4th 712.

Recoverability of compensatory damages for mental anguish or emotional distress for breach of contract to lend money, 52 A.L.R.4th 826.

Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor or disclosure, 53 A.L.R.4th 231.

Recoverability of compensatory damages for mental anguish or emotional distress for breach of service contract, 54 A.L.R.4th 901.

Recovery of anticipated lost profits of new business: post-1965 cases, 55 A.L.R.4th 507.

Duty and liability of subcontractor to employee of another contractor using equipment or apparatus of former, 55 A.L.R.4th 725.

Bank's liability for breach of implied contract of good faith and fair dealing, 55 A.L.R.4th 1026.