Bd. of Regents of Univ. Sys. of Georgia v. Tyson, 404 S.E.2d 557 (Ga. 1991). · Go Syfert
Bd. of Regents of Univ. Sys. of Georgia v. Tyson, 404 S.E.2d 557 (Ga. 1991). Cases Citing This Book View Copy Cite
109 citation events (84 in the last 25 years) across 8 distinct courts.
Strongest positive: STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC. (ga, 2022-12-20)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 30 distinct citers.
examined Cited as authority (rule) STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC. (12×) also: Cited "see", Cited "see, e.g."
Ga. · 2022 · confidence medium
System of Ga. v. Tyson, 261 Ga. 368, 369-70 (1) (404 SE2d 557) (1991) (holding that, 35 where the essential term of consideration was not contained in the contract but instead had to be implied from the parties’ conduct, there was no written contract for sovereign immunity purposes).
discussed Cited as authority (rule) Valorie Patrick v. Board of Regents of the University of Georgia
Ga. Ct. App. · 2021 · confidence medium
System v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991) (consent to care form and other parts of the medical record, taken together, did not constitute contemporaneous writings forming a contract). 13 See RTT Assoc., 299 Ga. at 83 (2). 14 349 Ga. App. 529 ( 826 SE2d 385 ) (2019) (physical precedent only). 6 immunity.15 However, Patel is not binding precedent.16 Yet, even if Patel were binding, it is distinguishable for two reasons.
discussed Cited as authority (rule) Georgia Lottery Corporation v. Patel.
Ga. Ct. App. · 2019 · confidence medium
Sys. of Ga. v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991), finding that “even if a contract with a state agency is formed by the parties’ conduct, if it is not a written contract the state’s sovereign immunity is not waived” and that a breach of contract action against the State cannot be based on multiple unsigned documents that do not establish the necessary terms of a contract.
cited Cited as authority (rule) Campbell v. CGM
D.N.H. · 2017 · confidence medium
Of Ga. v. Tyson, 404 S.E. 2d 557, 559 (Ga. 1991) (internal quotation marks omitted).
discussed Cited as authority (rule) Georgia Department of Labor v. Rtt Associates, Inc.
Ga. · 2016 · confidence medium
IX (c): “The state’s defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies.” See also OCGA § 50-21-1 (a). 2 We note that June 30 marks the end of the state’s fiscal year, and DOL asserts that its contracts typically expire at the end of a fiscal year for budgeting purposes. 3 See OCGA § 34-2-1, creatingthe Department of Labor as an administrative agency of the state. 4 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991). 5 A county shares the …
discussed Cited as authority (rule) Georgia Department of Community Health v. Neal
Ga. Ct. App. · 2015 · confidence medium
System of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (reversing judgment for plaintiff hospital patient on his contract claim and directing that judgment be entered in favor of the Board of Regents when a consent form signed by that patient, taken with “other parts of her medical record,” did not amount to “signed writings” sufficient to establish a waiver of sovereign immunity); Ruff, 315 Ga. App. at 457 (2) (where plaintiff could not produce a copy of an application for study abroad that was “signed by a representative of the Board of Regents or a representative…
discussed Cited as authority (rule) Board of Regents of the University System of Georgia v. Winter (2×)
Ga. Ct. App. · 2015 · confidence medium
A written contract can consist of multiple documents “as long as all the necessary terms are contained in signed contemporaneous writings.” Baker v. Jellibeans, Inc., 252 Ga. 458, 460 (1) ( 314 SE2d 874 ) (1984) (multiple documents meeting this test satisfy the statutory requirements and purpose of the Statute of Frauds); Bd. of Regents v. Tyson, 261 Ga. 368, 369 ( 404 SE2d 557 ) (1991) (applying reasoning of Baker to question of ex contractu waiver of sovereign immunity).
cited Cited as authority (rule) State v. Developers Surety & Indemnity Co.
Ga. Ct. App. · 2013 · confidence medium
System of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991).
cited Cited as authority (rule) State of Georgia Department of Corrections v. Developers Surety and Indemnity Company
Ga. Ct. App. · 2013 · confidence medium
Sys. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991).
examined Cited as authority (rule) Board of Regents of the University System v. Barnes (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
System v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991).
examined Cited as authority (rule) Board of Regents of the University System of Georgia v. Thomas Hayden Barnes (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
System v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991).
discussed Cited as authority (rule) Newell Recycling of Atlanta, Inc. v. Jordan Jones & Goulding, Inc.
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Bd. of Regents &c. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (contract where essential term of consideration had to be implied from the parties’ conduct was not a written contract for sovereign immunity purposes).
discussed Cited as authority (rule) Newell Recycling of Atlanta, Inc. v. Jordan Jones
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Bd. of Regents &c. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (contract where essential term of 7 consideration had to be implied from the parties’ conduct was not a written contract for sovereign immunity purposes).
discussed Cited as authority (rule) Board of Regents of the University System v. Ruff (2×)
Ga. Ct. App. · 2012 · confidence medium
I (b); OCGA §§ 20-3-21, 20-3-31. 10 Wilson, supra. 11 Wilson, supra at 414 (2); Board of Regents &c. ofGa. v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991). 12 Wilson, supra (citation and punctuation omitted; emphasis supplied); Tyson, supra. 13 McCobb v. Clayton County, 309 Ga. App. 217, 218 (1) (a) ( 710 SE2d 207 ) (2011) (citation and punctuation omitted); Merk v. DeKalb County, 226 Ga. App. 191, 192-193 (1) ( 486 SE2d 66 ) (1997) (plaintiff must show that contract at issue was in writing in order to demonstrate a waiver of sovereign immunity); Doe, supra at 881 (1). 14 Watts, supra…
discussed Cited as authority (rule) Fundus America (Atlanta) Ltd. Partnership v. RHOC Consolidation, LLC
Ga. Ct. App. · 2011 · confidence medium
Black’s Law Dictionary 572 (7th Ed. 1999). 8 Georgia law provides that “multiple documents may be considered together as a single contract as long as all the necessary terms are contained in signed contemporaneous writings.” (Citation and punctuation omitted.) Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991).
discussed Cited as authority (rule) Soloski v. Adams
N.D. Ga. · 2009 · confidence medium
See O.C.G.A. § 50-21-1; Fedorov v. Bd. of Regents, 194 F.Supp.2d 1378 , 1393-94 (S.D.Ga.2002) (granting summary judgment to UGA’s Board of Regents on a plaintiffs claim for breach of an implied contract because “[t]he State is only subject to a lawsuit for breach of contract if the contract is in writing”); Bd. of Regents v. Tyson, 261 Ga. 368 , 404 S.E.2d 557, 559 (1991) (entering judgment for the Board of Regents of the University System of Georgia on sovereign immunity grounds because, although plaintiff might *1370 be able to establish that she had an implied contract with the defen…
examined Cited as authority (rule) Harris v. Baker (3×)
Ga. Ct. App. · 2007 · signal: cf. · confidence medium
Cf. Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (contract where essential term of consideration had to be implied from the parties’ conduct was not a written contract for sovereign immunity purposes).
discussed Cited as authority (rule) Neressa Carr v. Board of Regents (2×)
11th Cir. · 2007 · confidence medium
A written contract can consist of multiple documents “as long as all the necessary terms are contained in signed contemporaneous writings.” Bd. of Regents v. Tyson, 261 Ga. 368 , 404 S.E.2d 557, 559 (1991) (quotation omitted).
discussed Cited as authority (rule) Board of Regents of the University System v. Doe
Ga. Ct. App. · 2006 · signal: cf. · confidence medium
See Baker v. Jellibeans, Inc., 252 Ga. at 459 (1); cf. Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (finding that a patient’s informed consent form and medical records at a university-run hospital did not contain all of the terms necessary to constitute a written contract between the Board and the patient that would waive the Board’s sovereign immunity for a claim that it failed to provide adequate security). (b) The Board also argues that the employment agreement between Georgia Tech and Doe explicitly required the Board’s vote of *882 approval an…
cited Cited as authority (rule) Bowman v. Walnut Mountain Property Owners Ass'n
Ga. Ct. App. · 2001 · confidence medium
Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369 ( 404 SE2d 557 ) (1991); Baker v. Jellibeans, Inc., 252 Ga. 458, 460 ( 314 SE2d 874 ) (1984).
discussed Cited as authority (rule) Cherokee County v. Hause
Ga. Ct. App. · 1997 · confidence medium
Although a contract may consist of multiple documents, see B&C Tire &c. v. Cooper Tire &c., 212 Ga. App. 228, 229 (1) ( 441 SE2d 468 ) (1994), and Bd. of Regents &c. v. Tyson, 261 Ga. 368, 369 ( 404 SE2d 557 ) (1991), the combination of (i) the ordinance, (ii) the Hause brothers’ approved application as a wrecker service, and (iii) their inclusion on the “approved list” maintained in the sheriff’s office would not fit the statute because, even if these jointly constituted a contract, the parts were not all entered on the minutes.
cited Cited as authority (rule) B & C Tire & Battery, Inc. v. Cooper Tire & Rubber Co.
Ga. Ct. App. · 1994 · confidence medium
Bd. of Regents v. Tyson, 261 Ga. 368, 369 (1) ( 404 SE2d 557 ) (1991).
cited Cited as authority (rule) Wilson v. Board of Regents
Ga. · 1992 · confidence medium
Board of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369 ( 404 SE2d 557 ) (1991).
discussed Cited as authority (rule) Culberson v. Fulton-DeKalb Hospital Authority (2×)
Ga. Ct. App. · 1991 · confidence medium
Joseph’s Hosp., 141 Ga. App. 597, 598 ( 234 SE2d 537 ) aff’d 239 Ga. 674 ( 238 SE2d 366 )), as a matter of law, “this is not an action based on a written contract”; and, “[t]hat being so, the [Authority’s and Grady’s] immunity under the doctrine of sovereign [or governmental] immunity was not waived and [the Authority and Grady also were] entitled to a [grant of motion for summary judgment] on the contract portion of [appellants’ claim against them].” Board of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 370 (1) ( 404 SE2d 557 ) (1991).
discussed Cited "see" Muckle v. UNCF (2×)
N.D. Ga. · 2012 · signal: see · confidence high
See Board of Regents of the University System of Georgia v. Tyson, 261 Ga. 368 , 404 S.E.2d 557 (1991).
discussed Cited "see" Georgia Department of Community Health v. Data Inquiry, LLC (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (finding that a patient’s informed consent form and medical records at a university-run hospital did not contain all of the terms necessary to constitute a written contract between the Board and the patient that would waive the Board’s sovereign immunity for a claim that it failed to provide adequate security). 2.
discussed Cited "see, e.g." Richard Andrew Justice v. Georgia Department of Public Safety (2×)
Ga. Ct. App. · 2023 · signal: compare · confidence medium
Compare Winter, 331 Ga. App. at 532 (2) (b) (i) (explaining that “‘[c]ontemporaneous’ in this setting does not ‘connote perfect or absolute coincidence in point of time’ and has been held to mean ‘reasonably contemporaneous,’” and holding that a two month interval between documents was not contemporaneous for purposes of finding they constituted portions of a complete written contract). 16 Compare Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (holding that the State had not waived sovereign immunity in a suit for patient-plaintiff’s inju…
discussed Cited "see, e.g." Newell Recycling of Atlanta, Inc. v. Jordan Jones & Goulding, Inc. (2×)
Ga. · 2010 · signal: see, e.g. · confidence low
See, e.g., Bd. of Regents of the University System of Ga. v. Tyson, 261 Ga. 368 (1) ( 404 SE2d 557 ) (1991) (no action for breach of alleged written contract existed where documents purporting to create written contract did not amount to a complete written contract); Cobb v. C.
discussed Cited "see, e.g." Azarat Marketing Group, Inc. v. Department of Administrative Affairs (2×)
Ga. Ct. App. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Bd. of Regents &c. of Ga. v. Tyson, 261 Ga. 368, 369-370 (1) ( 404 SE2d 557 ) (1991) (jury trial); Merk v. DeKalb County, 226 Ga. App. 191 (1) ( 486 SE2d 66 ) (1997) (summary judgment).
discussed Cited "see, e.g." Kovacs v. Freeman (2×)
Ky. · 1997 · signal: see also · confidence low
See also Board of Regents v. Tyson, 261 Ga. 368 , 404 S.E.2d 557 (1991) (rejecting a claim that a “Consent to Hospital Care” document provided a patient with contract rights, noting no evidence of consideration to support the alleged contract).
BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
v.
TYSON; And Vice Versa
S91A0178, S91X0179.
Supreme Court of Georgia.
Jun 7, 1991.
404 S.E.2d 557
Michael J. Bowers, Attorney General, Nancy M. Gallagher, Assistant Attorney General, for appellant., Morris & Webster, Craig A. Webster, Lee W. Fitzpatrick, for appellee.
Benham, Smith.
Cited by 42 opinions  |  Published
Benham, Justice.

These are sovereign immunity cases. While a patient in a hospital operated by the Board of Regents (the Board), Tyson was assaulted by another patient. She sued the Board in tort and in contract for its failure to provide adequate security; the Board raised the defense of sovereign immunity. See OCGA § 20-3-36. The trial court directed a verdict for the Board on the tort action, holding that there was no insurance which would act as a waiver of sovereign immunity. In the[*369] contract action, however, the trial court ruled that the suit was for the breach of a written contract and that the Board’s immunity was therefore waived. The jury returned a verdict for Tyson. In Case No. S91A0178, the Board appeals from the judgment in Tyson’s favor and from the trial court’s ruling that the suit was for the breach of a written contract. In Case No. S91X0179, Tyson appeals the directed verdict for the Board in the tort action.

1. The importance of the existence of a written contract in Case No. S91A0178 stems from the constitutional waiver of sovereign immunity in actions based on written contracts:

[T]he defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. [Ga. Const. 1983, Art. I, Sec. II, Par. IX.]

Tyson’s theory, which the trial court accepted in ruling that the action was for the breach of a written contract, was that the written contract was made up of all the records the hospital kept regarding Tyson, especially a document entitled “Consent to Hospital Care.” Building on that position, Tyson asserted that her consent in that document to “routine care” amounted to a contract in which the Board promised to provide appropriate security against criminal conduct by others.

At the heart of Tyson’s case is the principle that a written contract can consist of multiple documents. This court expressed that principle in Baker v. Jellibeans, Inc., 252 Ga. 458, 460 (314 SE2d 874) (1984), holding that multiple documents may be considered together as a single contract “as long as all the necessary terms are contained in signed contemporaneous writings. . . .” The record in this case, however, does not contain “signed contemporaneous writings” which, taken together, contain all the necessary terms of a contract. Tyson has not indicated which documents, taken together with the “Consent to Care” form, contain the necessary terms of a contract, and our review of the documents put in evidence at trial has not revealed any such signed writings. We note, for instance, that nowhere in the hospital record relied upon by Tyson is any signed writing establishing the essential term of “consideration moving to the contract. . . .” See OCGA § 13-3-1. While there may have been a contract between the parties arising from their conduct, [1] that contract is not a written con[*370] tract and is not contained in the “Consent to Care” signed by Tyson or in the other parts of her medical record. As a consequence, we must conclude as a matter of law that this is not an action based on a written contract. That being so, the Board’s immunity under the doctrine of sovereign immunity was not waived and the Board was entitled to a directed verdict on the contract portion of Tyson’s claims against the Board.. The judgment in Tyson’s favor on the contract claim must, therefore, be reversed and judgment entered for the Board.

2. In her cross-appeal, Tyson attacks a ruling by the trial court that the Board did not waive its immunity by the provision of liability insurance. Evidence at trial established that a self-insurance plan had been established by the Board, but that an amendatory endorsement deleted coverage of the Board by providing that

the term “insured(s)” shall not include the interests of said Board, as a State agency, in any actions ex delicto wherein liability may arise pursuant to State law and nothing here shall be deemed a waiver of sovereign immunity.

Tyson contends that when the endorsement eliminated the self-insurance character of the Board’s insurance plan, but retained coverage of the Board’s employees, the Board became an insurer subject to the Insurance Code. Since the Board did not obtain a certificate of authority from the Insurance Commissioner, Tyson argues, the endorsement was void as against public policy. That being so, according to Tyson’s theory, the self-insurer status of the Board which existed prior to the endorsement was resurrected and sovereign immunity was waived.

We agree with the trial court that Tyson’s argument is untenable. In an opinion directed to the Insurance Commissioner in 1981, the Attorney General addressed the applicability of the Insurance Code to the Board. Op. Att’y Gen. 81-38. Citing the rule of statutory construction that statutes which do not explicitly mandate their application to the state or its agencies are not so applicable (OCGA § 1-3-8), the Attorney General concluded that since the definition of “person” in the Insurance Code (OCGA § 33-1-2 (5)) does not specifically include the state or its agencies, the Insurance Code does not apply to the Board. We find that reasoning persuasive and, adopting it, conclude that the endorsement was not void and the Board’s immunity under the doctrine of sovereign immunity was not waived. Since that conclusion is entirely consistent with the conclusion of the trial court in this case with regard to the Board’s defense to Tyson’s tort claim,[*371] we affirm that portion of the judgment.

Decided June 7, 1991 — Reconsideration denied June 27, 1991. Michael J. Bowers, Attorney General, Nancy M. Gallagher, Assistant Attorney General, for appellant. Morris & Webster, Craig A. Webster, Lee W. Fitzpatrick, for appellee.

Judgment reversed in Case No. S91A0178; judgment affirmed in Case No. S91X0179.

All the Justices concur, except Smith, P. J., who dissents.
1

Parties may be as fully bound by an implied as by an express contract “ ‘ “where the intentions of the parties are not expressed, but an agreement in fact creating an obligation is implied or presumed from their act.” ’ ” Dorsey v. Harrison, 171 Ga. App. 774, 779 (320 SE2d[*370] 881) (1984).