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2018 Georgia Code 10-12-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-12-5 Case Law from Google Scholar Amendments to OCGA 10-12-5

TITLE 10 COMMERCE AND TRADE

Section 12. Electronic Transactions, 10-12-1 through 10-12-20.

ARTICLE 2 INVEST GEORGIA FUND

10-12-5. Chapter does not create requirement for electronic transactions; determination as to whether parties intend to conduct electronic transactions.

  1. This chapter shall not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
  2. This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
  3. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement.
  4. Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.
  5. Whether an electronic record or electronic signature has legal consequences shall be determined by this chapter and other applicable laws.

(Code 1981, §10-12-5, enacted by Ga. L. 2009, p. 698, § 1/HB 126.)

Cases Citing O.C.G.A. § 10-12-5

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State of Georgia v. Fed. Def. Prog., Inc., 315 Ga. 319 (Ga. 2022).

Cited 19 times | Published | Supreme Court of Georgia | Dec 20, 2022

...the Agreement constitutes a “transaction” under the Act and that the State and the Appellees are considered “persons” involved in that “transaction.” Therefore, the key question is whether the parties agreed to conduct the transaction by electronic means under OCGA § 10-12-5 (b)....
...s’] contention that Graham and Burton had authority to negotiate and bind.” These findings are sufficient to support the trial court’s implicit conclusion that the State consented to conducting the transaction by electronic means. See OCGA § 10-12-5 (b). Furthermore, despite the State’s contentions, nothing in OCGA 32 § 10-12-18 (a) or (c) excepts the State from the GUETA under these circumstances....
...e the fact that “the context and surrounding circumstances, including the parties’ conduct,” demonstrated that the parties had agreed to conduct the transaction electronically, thereby rendering OCGA § 33 10-12-5 (b) meaningless with respect to governmental agencies....
...the context and surrounding circumstances, including the parties’ conduct,” 34 demonstrate that the parties “agreed to conduct [the particular] transaction[ at issue] by electronic means,” OCGA § 10-12-5 (b)....