2021 Georgia Code
Title 13 - Contracts
Chapter 8 - Illegal and Void Contracts Generally
Article 1 - General Provisions
§ 13-8-1. Contracts to Do Immoral or Illegal Things

A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal.

(Orig. Code 1863, § 2713; Code 1868, § 2707; Code 1873, § 2749; Code 1882, § 2749; Civil Code 1895, § 3666; Civil Code 1910, § 4251; Code 1933, § 20-501.)

- For article discussing effect of contracts against public policy, see 4 Ga. L. Rev. 469 (1970). For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004). For note, "Status or Contract? A Comparative Analysis of Inheritance Rights under Equitable Adoption and Domestic Partnership Doctrines," see 39 Ga. L. Rev. 675 (2005).

ANALYSIS

• General Consideration
• Severable Contracts
• Illegality Collateral to Contract
• Illegal Contracts
• Application

OPINIONS OF THE ATTORNEY GENERAL

Classification of crime as one involving moral turpitude requires more than statutory prohibition for public welfare purposes.

- Crime involving moral turpitude has been held to be one which is mala in se, that is, bad within itself, and not evil merely because some statute prohibits the act as a matter, perhaps, of public welfare. 1945-47 Op. Att'y Gen. p. 477.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Actions, §§ 51, 52. 17 Am. Jur. 2d, Contracts, § 155 et seq.

- Innocence of the person threatened as affecting the rights or remedies in respect of contracts made, or money paid, to prevent or suppress a criminal prosecution, 17 A.L.R. 325.

Validity of agreement to pay an officer or employee of a bank or trust company to disclose the existence of, or to assist one to establish, a deposit, 18 A.L.R. 979.

Agreement or understanding between attorney and client to use money for unlawful purposes as affecting their rights inter se, 20 A.L.R. 1476; 26 A.L.R. 98.

Right to recover purchase price of articles or substances susceptible of illegal use in manufacture of beverages, 29 A.L.R. 1058.

Contract for services in connection with attempt to prevent a criminal investigation or prosecution, 33 A.L.R. 779.

Validity and enforceability of agreement to pay for disclosure of assets belonging to another or to estate, 42 A.L.R. 1146.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 42 A.L.R. 1226; 118 A.L.R. 646.

Validity of contract to influence third person with respect to disposal of property at death or by gift during lifetime, 61 A.L.R. 646.

Removal or attempted removal of one from field of competition by inducing him to enter another's employment as violation of anti-monopoly act, 74 A.L.R. 289.

Noncompliance with conditions prescribed by statute as affecting validity of contract, under usury laws, for payment of premium on loan of building and loan association, 74 A.L.R. 973.

Waiver of usury by renewal or other executory agreements, 74 A.L.R. 1184.

Sunday law as applicable to contracts signed by guarantor or surety on Sunday but delivered to obligee on weekday, 112 A.L.R. 1200.

Failure of purchaser of stock from existing corporation, or of subscriber thereto, to pay for same as affecting his right to dividends, 122 A.L.R. 1048.

Validity and enforceability of contract which was contrary to statute or public policy when made, as affected by subsequent change of law, 126 A.L.R. 685.

Validity of lease or other contract which contemplates or provides for acts by a party that at the time of the contract would be contrary to zoning regulations, 128 A.L.R. 87.

Rule that denies remedy in case of an illegal contract as applicable to an action of conversion, replevin, or detinue for property possession of which was obtained by defendant, or by a third person through whom he claims, as the result of such a contract with the plaintiff or his predecessor in interest, 132 A.L.R. 619.

Validity of contract to influence administrative or executive officer or department, 148 A.L.R. 768.

Statute providing for apportionment between lessor and lessee of a tax imposed upon the producer of oil, gas, or other natural production as violation of the constitutional provision against impairment of the obligation of contracts, 160 A.L.R. 980.

Enforceability, as between parties, of an executory agreement made in fraud of creditors, 172 A.L.R. 1121.

Recovery of money or property entrusted to another for illegal purpose, but not so used, 8 A.L.R.2d 307.

Court rules limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 77 A.L.R.2d 411.

Construction and effect of lease provision relating to attorneys' fees, 77 A.L.R.2d 735.

Purchaser's right to set up invalidity of contract because of violation of state securities regulation as affected by doctrines of estoppel or pari delicto, 84 A.L.R.2d 479.

Validity of contractual stipulation or provision waiving debtor's exemption, 94 A.L.R.2d 967.

Validity of agreement to pay royalties for use of patented articles beyond patent expiration date, 3 A.L.R.3d 770.

Validity and propriety of arrangement by which attorney pays or advances expenses of client, 8 A.L.R.3d 1155.

Enforceability of transaction entered into pursuant to referral sales arrangement, 14 A.L.R.3d 1420.

Failure of artisan or construction contractor to comply with statute or regulation requiring a work permit or submission of plans as affecting his right to recover compensation from contractee, 26 A.L.R.3d 1395.

Rights between landlord and tenant as affected by zoning regulations restricting contemplated use of premises, 37 A.L.R.3d 1018.

Validity of exculpatory clause in lease exempting lessor from liability, 49 A.L.R.3d 321.

Spouse's secret intention not to abide by written antenuptial agreement relating to financial matters as ground for annulment, 66 A.L.R.3d 1282.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

Recovery for services rendered by persons living in apparent relation of husband and wife without express agreement for compensation, 94 A.L.R.3d 552.

Property rights arising from relationship of couple cohabiting without marriage, 3 A.L.R.4th 13, 69 A.L.R.5th 219.

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.

Contractual jury trial waivers in state civil cases, 42 A.L.R.5th 53.