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2018 Georgia Code 13-8-55 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-8-55 Case Law from Google Scholar Amendments to OCGA 13-8-55

TITLE 13 CONTRACTS

Section 8. Illegal and Void Contracts Generally, 13-8-1 through 13-8-59.

ARTICLE 4 RESTRICTIVE COVENANTS IN CONTRACTS

13-8-55. Requirements of person seeking enforcement of covenants.

The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.

(Code 1981, §13-8-55, enacted by Ga. L. 2011, p. 399, § 4/HB 30.)

Cases Citing O.C.G.A. § 13-8-55

Total Results: 2  |  Sort by: Relevance  |  Newest First

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North Am. Senior Benefits, LLC v. Wimmer, 906 S.E.2d 373 (Ga. 2024).

Cited 10 times | Published | Supreme Court of Georgia | Sep 4, 2024 | 319 Ga. 641

...to, the total geographic area encompassed by the provision, the 18 business interests justifying the restrictive covenant, the nature of the business involved, and the time and scope limitations of the covenant. See OCGA § 13-8-55 (“The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant.”); Mouyal, 262 Ga....
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Motorsports of Conyers, LLC v. Burbach, 892 S.E.2d 719 (Ga. 2023).

Cited 7 times | Published | Supreme Court of Georgia | Sep 6, 2023 | 317 Ga. 206

...restrictive covenants are reasonable and thus enforceable. See OCGA §§ 13-8-53 (a), (c); 13-8-56; 13-8-57 (together, providing that reasonable restrictive covenants are enforceable and establishing standards for determining whether a given covenant is reasonable); 13-8-55 (setting pleading and burden of proof requirements)....