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2018 Georgia Code 11-1-101 | Car Wreck Lawyer

TITLE 11 COMMERCIAL CODE

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

ARTICLE 1 GENERAL PROVISIONS

11-1-101. Short titles.

  1. This Title 11 shall be known as and may be cited as the "Uniform Commercial Code."
  2. This article shall be known as and may be cited as the "Uniform Commercial Code - General Provisions."

(Code 1933, § 109A-1 - 101, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2015, p. 996, § 3A-1/SB 65.)

The 2015 amendment, effective January 1, 2016, designated the existing provisions as subsection (a), and added subsection (b).

Law reviews.

- For article, "The Good Faith Purchase Idea and the Uniform Commercial Code," see 15 Ga. L. Rev. 605 (1981).

JUDICIAL DECISIONS

Effect of prior case law.

- Cases dealing with rescission and with measure of damages for breach of warranty decided prior to the adoption O.C.G.A. § 11-1-101 in 1962 are not controlling in cases arising under O.C.G.A. § 11-1-101. Jacobs v. Metro Chrysler-Plymouth, Inc., 125 Ga. App. 462, 188 S.E.2d 250 (1972).

Cited in Tidwell v. Slocumb (In re Ga. Steel, Inc.), 71 Bankr. 903 (Bankr. M.D. Ga. 1987); AgriCommodities, Inc. v. J. D. Heiskell & Co., 297 Ga. App. 210, 676 S.E.2d 847 (2009); Sun Nurseries, Inc. v. Lake Erma, LLC, 316 Ga. App. 832, 730 S.E.2d 556 (2012).

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Bills and Notes, § 5.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 1:1.

C.J.S.

- 82 C.J.S., Statutes, §§ 217 et seq., 238.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 1-101.

ALR.

- Recognition of action for damages for wrongful foreclosure - general views, 81 A.L.R.6th 161.

Recognition of action for damages for wrongful foreclosure - types of actions, 82 A.L.R.6th 43.

Cases Citing O.C.G.A. § 11-1-101

Total Results: 4  |  Sort by: Relevance  |  Newest First

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NEC Tech., Inc. v. Nelson, 478 S.E.2d 769 (Ga. 1996).

Cited 72 times | Published | Supreme Court of Georgia | Nov 25, 1996 | 267 Ga. 390, 96 Fulton County D. Rep. 4136, 31 U.C.C. Rep. Serv. 2d (West) 992

...It follows from a review of OCGA § 11-2-719(3) and case law that only those limitations/exclusions on consequential property damages in consumer cases that are "unconscionable" are barred under Georgia law. The Uniform Commercial Code and the Georgia UCC, see OCGA § 11-1-101 et seq., contain no definition of "unconscionability." This Court has noted that the basic test for determining unconscionability is "whether, in the light of the general commercial background and the commercial needs of the particular tr...
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Jackson Elec. Membership Corp. v. Georgia Power Co., 364 S.E.2d 556 (Ga. 1988).

Cited 22 times | Published | Supreme Court of Georgia | Feb 4, 1988 | 257 Ga. 772

...[T]he supposed requirement of mutuality of obligation is merely one of mutuality of consideration: Each contracting party must supply consideration to the other." (Emphasis supplied.) (Footnote omitted.) Calamari and Perillo, Contracts, § 67 at p. 131 (1970). [3] Compare Uniform Commercial Code, OCGA § 11-1-101 et seq., "[e]very contract or duty within this title imposes an obligation of good faith in its performance or enforcement."
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Skott v. Bank of Am. Illinois, 468 S.E.2d 359 (Ga. 1996).

Cited 7 times | Published | Supreme Court of Georgia | Apr 8, 1996 | 266 Ga. 532, 96 Fulton County D. Rep. 1306

...NOTES [1] Subsequent to the closing of the refinance, the EquiCredit security deed was assigned to Equi-Credit Corporation of America on July 20, 1994, and then to Continental Bank, National Association, now known as Bank of America, on July 22, 1994. Bank of America Illinois currently holds the security deed. [1] OCGA § 11-1-101, et seq.
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City of Bremen v. Regions Bank, 559 S.E.2d 440 (Ga. 2002).

Cited 6 times | Published | Supreme Court of Georgia | Feb 4, 2002 | 274 Ga. 733, 2002 Fulton County D. Rep. 343

...and as a matter of law, Regions Bank is entitled to recover the loan proceeds secured by the note. It follows that the trial court properly entered summary judgment in Regions Bank's favor. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 11-1-101 et seq....