Good Georgia Lawyer recently just explained when a contract needs to be in writing to be enforceable. Today’s article discusses when contractual agreements are enforceable without writing, for example, an oral agreement between two parties. When should this matter? Well, for one thing, in the event of a contract dispute,…
The Official Code of Georgia § 13-4-101 explains the elements and requirements of what is known as “accord and satisfaction.” Accord and satisfaction happens when two parties to a contract, by a subsequent contract, have satisfied the first previous contract, and the subsequent contract has been executed. What does this…
Generally, there is no cooling off period in Georgia except for very rare exceptions, however that doesn’t mean you necessarily are trapped in a contract. There are other conditions and reasons (for example fraudulent misrepresentation, illegality, incapacity, unfair business practices, and more) that may permit you to rescind (get out…
The Official Code of Georgia § 13-2-2 sets out “rules for interpretation of contracts generally.” The law states that the following rules, among others, shall be used in order to arrive at the truthful interpretation of a contract. This means if you are having a business dispute with your partner,…
Many commercial contract agreements have provisions for attorney’s fees in the event one party breaches the contract. The question is: what does Georgia law say about collecting attorney’s fees from a contract? The Official Code of Georgia Annotated law, O.C.G.A. § 13-1-11, talks about the validity and enforcement of obligations…
Sometimes the different types of names for contracts can be confusing. Clients may be unclear as to what type of contract they have or what these words mean. Here is a brief explanation of the various kinds of contracts under Georgia law in simple plain English: 1. Executed Contract: This…
“How can I be sure that this non-compete contract is fair and enforceable?” is a question many clients ask us whether they be employers or employees. For employers: Our advice is this: Don’t go it alone! Believe it or not, there are many employers who think that it is okay…
In Georgia, and everywhere, as too many employers know, employees solicit (attempt to steal) clients from their former employer. There exist obvious and significant financial and professional incentives for employers to prevent this from happening. The answer is a well drafted non solicitation agreement, amongst other safeguards. The problem is…
When it comes to Georgia contract law, poorly drafted non-compete employment agreements have caused severe financial loss and competitive advantage to many businesses. If your business wants to protect its clients, potential customers, and secured information from being used by employees once they leave, then consider the following: The main…