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9 Georgia opinions name it 2 courts 1974–2015 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Petroziello v. United States Leasing Corp.green2 sentences1999Petroziello v. U. S. Leasing Corp., 176 Ga. App. 858, 860 ( 338 SE2d 63 ) (1985). 1999Petroziello v. U. S. Leasing Corp., 176 Ga. App. 858, 860 ( 338 SE2d 63 ) (1985). | 2 | 2 |
City Dodge, Inc. v. Gardnergreen2 sentences2015We stated in City Dodge that where there is evidence from which a jury could find that a rescinded contract is void because of antecedent fraud, the contract’s disclaimer clause would be ineffectual because “in legal contemplation, there is no contract between the parties.” Id. at 770 . 2015We stated in City Dodge that where there is evidence from which a jury could find that a rescinded contract is void because of antecedent fraud, the contract’s disclaimer clause would be ineffectual because “in legal contemplation, there is no contract between the parties.” Id. at 770 . | 1 | 3 |
City Dodge, Inc. v. Gardnergreen2 sentences1989Nonetheless, Skating Clubs argues that the disclaimer clause in the option contract forecloses Roller-Ice from pressing its claim for fraud and deceit based on the income figures reflected in the “Profit and Loss Statement.” “ ‘Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent 1989Nonetheless, Skating Clubs argues that the disclaimer clause in the option contract forecloses Roller-Ice from pressing its claim for fraud and deceit based on the income figures reflected in the “Profit and Loss Statement.” “ ‘Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent | 1 | 1 |
Hall v. Skate Escape, Ltd.green2 sentences1985Hall v. Skate Escape, 171 Ga. App. 178, 179-180 ( 319 SE2d 67 ). 1985Hall v. Skate Escape, 171 Ga. App. 178, 179-180 ( 319 SE2d 67 ). | 1 | 1 |
Porubiansky v. Emory Universitygreen2 sentences1985It is well-settled contract law that the parties are free to contract about any subject matter, on any terms, unless prohibited by statute or public policy (Porubiansky v. Emory Univ., 156 Ga. App. 602, 603 ( 275 SE2d 163 ), aff’d 248 Ga. 391 ), and, a lessor may exculpate his liability with a disclaimer clause, as in the instant case, so long as such restrictions are expressed in clear and unambiguous language. 1985It is well-settled contract law that the parties are free to contract about any subject matter, on any terms, unless prohibited by statute or public policy (Porubiansky v. Emory Univ., 156 Ga. App. 602, 603 ( 275 SE2d 163 ), aff’d 248 Ga. 391 ), and, a lessor may exculpate his liability with a disclaimer clause, as in the instant case, so long as such restrictions are expressed in clear and unambiguous language. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eloyd v. Woods
green
2 sentences1982Floyd v. Woods, 110 Ga. 850 ( 36 SE 225 ) (1900); Holbrook v. Capital Auto. 1974(E. *770 g., Floyd v. Woods, 110 Ga. 850 , 36 SE 225 ; Holbrook v. Capital Automobile Co., 111 Ga. App. 601 , 142 SE 288 ). | 2 | 1974–1982 |
Nichols v. Williams Pontiac, Inc.
green
2 sentences1989Nonetheless, Skating Clubs argues that the disclaimer clause in the option contract forecloses Roller-Ice from pressing its claim for fraud and deceit based on the income figures reflected in the “Profit and Loss Statement.” “ ‘Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent 1989Nonetheless, Skating Clubs argues that the disclaimer clause in the option contract forecloses Roller-Ice from pressing its claim for fraud and deceit based on the income figures reflected in the “Profit and Loss Statement.” “ ‘Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent | 1 | 1989–1989 |
In the Matter of Reily
green
1 sentence1985It is well-settled contract law that the parties are free to contract about any subject matter, on any terms, unless prohibited by statute or public policy (Porubiansky v. Emory Univ., 156 Ga. App. 602, 603 ( 275 SE2d 163 ), aff’d 248 Ga. 391 ), and, a lessor may exculpate his liability with a disclaimer clause, as in the instant case, so long as such restrictions are expressed in clear and unambiguous language. | 1 | 1985–1985 |
Haynie v. a & H Camper Sales, Inc.
green
2 sentences1976Haynie v. A & H Camper Sales, 233 Ga. 654 ( 212 SE2d 825 ). 1976Haynie v. A & H Camper Sales, 233 Ga. 654 ( 212 SE2d 825 ). | 1 | 1976–1976 |
Central of Georgia Railway Co. v. Wright
neutral
1 sentence1974(E. *770 g., Floyd v. Woods, 110 Ga. 850 , 36 SE 225 ; Holbrook v. Capital Automobile Co., 111 Ga. App. 601 , 142 SE 288 ). | 1 | 1974–1974 |
Holbrook v. Capital Automobile Co.
green
1 sentence1974(E. *770 g., Floyd v. Woods, 110 Ga. 850 , 36 SE 225 ; Holbrook v. Capital Automobile Co., 111 Ga. App. 601 , 142 SE 288 ). | 1 | 1974–1974 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.