O.C.G.A. § 11-1-206 (2019)
Presumptions
Whenever this title creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence.
History
Code 1933, § 109A-1-206, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1998, p. 1323, § 16; Ga. L. 2015, p. 996, § 3A-1/SB 65.
Annotations
Cross references. Statute of frauds generally, § 13-5-30 et seq.
JUDICIAL DECISIONS A school tuition payment is a payment for services rather than for the purchase of personal property. The inclusion of such incidental items as uniforms, lockers, books, etc. in the tuition fee clearly would not reduce the essential character of the transaction to a sale of personal property. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143, 1990 Ga. App. LEXIS 1090 (1990), cert.
denied, No. S91C0033, 1990 Ga. LEXIS 482 (Ga. Oct. 31, 1990). Effect of performance by a party. - The statute of frauds does not bar enforcement of a contract which has been fully performed on one side. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143, 1990 Ga. App. LEXIS 1090 (1990), cert. denied, No. S91C0033, 1990 Ga. LEXIS 482 (Ga. Oct. 31, 1990).
RESEARCH REFERENCES Am. Jur. 2d. 72 Am. Jur. 2d, Statute of Frauds, §§ 110, 111. C.J.S. 77A C.J.S., Sales, § 68 et seq. U.L.A. Uniform Commercial Code (U.L.A.) § 1206. ALR. Oral contract to enter into written contract as within statute of frauds, 58 A.L.R. 1015. Statute of frauds: sufficiency of identification of vendor or purchaser in memorandum, 70 A.L.R. 196. Who must sign and form of signature, in
case of partnership, in order to comply with statute of frauds, 114 A.L.R. 1005. Terms “bags,” “bales,” “cars,” or other terms indefinite as to quantity or weight, as satisfying statute of frauds, 129 A.L.R. 1230. Contract to fill in land as one for sale of goods within statute of frauds, 161 A.L.R. 1158. Statute of frauds: validity of lease or sublease subscribed by one of the parties only, 46 A.L.R.3d 619. Construction and application of statute of frauds provision under UCC § 1-206 governing personal property not otherwise covered, 62 A.L.R.5th 137.
11-1-207 through 11-1-209. [Repealed] History. Code 1933, §§ 109A-1-207 through 109A-1-209, Ga. L. 1962, p. 156, § 1; Ga. L., p. 1081, Ga. L. 1978, p. 1081, § 7; Ga.
L., p. 1306, Ga. L. 1996, p. 1306, § 2; repealed by Ga. L. 2015, p. 996, § 3A-1/SB 65, effective January 1, 2016.
T.11, A.1, P.3
PART 3 TERRITORIAL APPLICABILITY AND GENERAL RULES Editor’s notes. Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides that: “(a) This Act shall be known and may be cited as the ‘Debtor-Creditor Uniform Law Modernization Act of 2015.’ “(b) To promote consistency among the states, it is the intent of the General
Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.”