agreement amounts waiver (Georgia) · Go Syfert
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agreement amounts waiver in Georgia

5 Georgia opinions name it 1 courts 1984–2025 1 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.

Followed or applied (4)

CaseFollowedCited
Department of Transportation v. Arapaho Construction, Inc.green
gactapp · 1986 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013(Citations and punctuation omitted.) Dept. of Transp. v. Arapaho Constr., Inc., 180 Ga. App. 341, 343 (1) ( 349 SE2d 196 ) (1986), aff’d, Dept. of Transp. v. Arapaho Constr., Inc., 257 Ga. 269 ( 357 SE2d 593 ) (1987).

2013(Citations and punctuation omitted.) Dept. of Transp. v. Arapaho Constr., Inc., 180 Ga. App. 341, 343 (1) ( 349 SE2d 196 ) (1986), aff’d, Dept. of Transp. v. Arapaho Constr., Inc., 257 Ga. 269 ( 357 SE2d 593 ) (1987).

22
BRADFORD SQUARE CONDOMINIUM ASS'N v. Millergreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025The reason why 12 See Bradford Square, 258 Ga. App. at 249 (on motion for reconsideration, noting that our decision was based on “the unique interrelationship between a condominium association and the unit owners/members that are, in fact, the association[,]” and emphasizing that “[w]e were not asked to decide in this case a condominium association’s duty toward nonmembers/owners pursuant to OCGA § 51-3-1[ ]”) (emphasis in original). 8 exculpatory clauses should be explicit, prominent, clear and unambiguous, is that such an agreement amounts to a waiver of substantial rights, could be an accor

11
Hall v. Skate Escape, Ltd.green
gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1986–1986
2 sentences

1986We agree. “[E]xculpatory clauses must be clear and unambiguous, they must be specific in what they purport to cover, and any ambiguity will be construed against the drafter of the instrument. [Cits.] The reason why exculpatory clauses should be explicit, prominent, clear and unambiguous, is that such an agreement amounts to a waiver of substantial rights, could be an accord and satisfaction of possible future claims, and requires a meeting of the minds on the subject matter. [Cit.]” Hall v. Skate Escape, 171 Ga. App. 178, 180-181 ( 319 SE2d 67 ) (1984).

1986We agree. “[E]xculpatory clauses must be clear and unambiguous, they must be specific in what they purport to cover, and any ambiguity will be construed against the drafter of the instrument. [Cits.] The reason why exculpatory clauses should be explicit, prominent, clear and unambiguous, is that such an agreement amounts to a waiver of substantial rights, could be an accord and satisfaction of possible future claims, and requires a meeting of the minds on the subject matter. [Cit.]” Hall v. Skate Escape, 171 Ga. App. 178, 180-181 ( 319 SE2d 67 ) (1984).

11
Henderson v. Garbuttgreen
gactapp · 1970 · cited in 1 Georgia opinions naming this issue, 1984–1984
2 sentences

1984See Henderson v. Garbutt, 121 Ga. App. 291, 292 ( 173 SE2d 445 ).

1984See Henderson v. Garbutt, 121 Ga. App. 291, 292 ( 173 SE2d 445 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Department of Transportation v. Arapaho Construction, Inc. green
ga · 1987
2 sentences

2013(Citations and punctuation omitted.) Dept. of Transp. v. Arapaho Constr., Inc., 180 Ga. App. 341, 343 (1) ( 349 SE2d 196 ) (1986), aff’d, Dept. of Transp. v. Arapaho Constr., Inc., 257 Ga. 269 ( 357 SE2d 593 ) (1987).

2013(Citations and punctuation omitted.) Dept. of Transp. v. Arapaho Constr., Inc., 180 Ga. App. 341, 343 (1) ( 349 SE2d 196 ) (1986), aff’d, Dept. of Transp. v. Arapaho Constr., Inc., 257 Ga. 269 ( 357 SE2d 593 ) (1987).

22013–2013

Statutes the citing opinions construe

GA § 11-2-316 (3) GA § 13-8-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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