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2018 Georgia Code 11-1-106 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-1-106 Case Law from Google Scholar Amendments to OCGA 11-1-106

TITLE 11 COMMERCIAL CODE

Section 1. General Provisions, 11-1-101 through 11-1-209.

ARTICLE 1 GENERAL PROVISIONS

11-1-106. Use of singular and plural; gender.

In this title unless the statutory context otherwise requires:

  1. Words in the singular number include the plural, and words in the plural include the singular; and
  2. Words of any gender also refer to any other gender.

(Code 1933, § 109A-1 - 106, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2015, p. 996, § 3A-1/SB 65.)

The 2015 amendment, effective January 1, 2016, rewrote this Code section.

JUDICIAL DECISIONS

Cited in Emmons v. Burkett, 256 Ga. 855, 353 S.E.2d 908 (1987); Unique Designs, Inc. v. Pittard Mach. Co., 200 Ga. App. 647, 409 S.E.2d 241 (1991); White County Bank v. Noland Co., 214 Ga. App. 780, 449 S.E.2d 325 (1994); Latex Equip. Sales & Serv., Inc. v. Apache Mills, Inc., 225 Ga. App. 516, 484 S.E.2d 274 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Bills and Notes, § 19. 12 Am. Jur. 2d, Bills and Notes, § 627. 15A Am. Jur. 2d, Commercial Code, §§ 17, 24. 67A Am. Jur. 2d, Sales, § 987.

C.J.S.

- 2 C.J.S., Actions, §§ 5, 9.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 1-106.

ALR.

- Damages for breach by seller or former employee of covenant, express or implied, not to engage in like business or enter employment of competitor of covenantee, 127 A.L.R. 1152.

Awarding damages for delay, in addition to specific performance, of contract for sale of corporate stock, 28 A.L.R.3d 1401.

Cases Citing O.C.G.A. § 11-1-106

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Emmons v. Burkett, 353 S.E.2d 908 (Ga. 1987).

Cited 38 times | Published | Supreme Court of Georgia | Mar 19, 1987 | 256 Ga. 855, 3 U.C.C. Rep. Serv. 2d (West) 897

...Based on the foregoing we conclude that the code provisions themselves do not require the imposition of an absolute-bar rule. In addition, and most importantly, we find that the absolute-bar rule is contrary to the intent of the Uniform Commercial Code. OCGA § 11-1-106 expressly prohibits penal damages, and provides that the remedies provided by the UCC should be liberally administered so that the aggrieved party "may be put in as good a position as if the other party had fully performed." Yet, by absol...