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2018 Georgia Code 11-1-205 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-1-205 Case Law from Google Scholar Amendments to OCGA 11-1-205

TITLE 11 COMMERCIAL CODE

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

ARTICLE 1 GENERAL PROVISIONS

11-1-205. Reasonable time; seasonableness.

  1. Whether a time for taking any action required by this title is reasonable depends on the nature, purpose, and circumstances of such action.
  2. An action is taken "seasonably" if it is taken at or within the time agreed, or if no time is agreed, at or within a reasonable time.

(Code 1933, § 109A-1 - 204, enacted by Ga. L. 1962, p. 156, § 1; Code 1981, §11-1-205, as redesignated by Ga. L. 2015, p. 996, § 3A-1/SB 65.)

The 2015 amendment, effective January 1, 2016, redesignated former Code Section 11-1-204 as present Code Section 11-1-205; and substituted the present provisions of this Code section for the former provisions, which read: "(1) Whenever this title requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.

"(2) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of such action.

"(3) An action is taken 'seasonably' when it is taken at or within the time agreed or if no time is agreed at or within a reasonable time."

Editor's notes.

- Former Code Section 11-1-205, pertaining to course of dealing and usage of trade, was repealed by Ga. L. 2015, p. 996, § 3A-1/SB 65, effective January 1, 2016. The former Code section was based on Ga. L. 1962, p. 156, § 1.

JUDICIAL DECISIONS

"Reasonable time" does not mean "immediately." Trailmobile Div. of Pullman, Inc. v. Jones, 118 Ga. App. 472, 164 S.E.2d 346 (1968); Solomon Refrigeration, Inc. v. Osburn, 148 Ga. App. 772, 252 S.E.2d 686 (1979).

What is a reasonable time is ordinarily a matter of fact to be determined by jury under particular circumstances of the case. Trailmobile Div. of Pullman, Inc. v. Jones, 118 Ga. App. 472, 164 S.E.2d 346 (1968); Solomon Refrigeration, Inc. v. Osburn, 148 Ga. App. 772, 252 S.E.2d 686 (1979).

Notice of rejection not reasonable under circumstances involved.

- Economy Forms Corp. v. Kandy, Inc., 391 F. Supp. 944 (N.D. Ga. 1974), aff'd, 511 F.2d 1400 (5th Cir. 1975).

One opportunity to cure was unreasonable.

- Motor coach buyer's revocation of acceptance claim under O.C.G.A. § 11-2-608(1)(b) failed because the buyer's providing only one opportunity to repair before the extent of the defect was truly apparent was not reasonable under O.C.G.A. § 11-1-204; the futility exception to providing an opportunity to cure did not apply because there was no evidence that the buyer knew prior to revocation that the seller would have been unable to repair the coach. Car Transp. Brokerage Co. v. Blue Bird Body Co., F.3d (11th Cir. Apr. 10, 2009)(Unpublished).

Cited in Alimenta (U.S.A.), Inc. v. Cargill, Inc., 861 F.2d 650 (11th Cir. 1988); Amatulli Imports, Inc. v. House of Persia, Inc., 191 Ga. App. 827, 383 S.E.2d 192 (1989); Wal-Mart Stores, Inc. v. Wheeler, 262 Ga. App. 607, 586 S.E.2d 83 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Commercial Code, §§ 26, 117. 17A Am. Jur. 2d, Contracts, §§ 478, 479. 67 Am. Jur. 2d, Sales, § 72.

C.J.S.

- 86 C.J.S., Time, § 4.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 1-204.

ALR.

- Constitutionality of statute regulating time-measuring instruments or devices, 37 A.L.R. 134.

Time for exercise of reserved option to terminate, cancel, or rescind contract, 164 A.L.R. 1014.

Time within which buyer must make inspection, trial, or test to determine whether goods are of requisite quality, 52 A.L.R.2d 900.

Time for revocation of acceptance of goods under UCC § 2-608(2), 65 A.L.R.3d 354.

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