O.C.G.A.
O.C.G.A.

O.C.G.A. § 11-1-302 (2019)

Variation by agreement

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as otherwise provided in subsection (b) of this Code section or elsewhere in this title, the effect of provisions of this title may be varied by agreement.

(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.

(c) The presence in certain provisions of this title of the phrase “unless otherwise agreed” or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this Code section.

History

Code 1981, § 11-1-302, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2026 · leading case: Super98, LLC v. Delta Air Lines, Inc., 309 F. Supp. 3d 1368 (N.D. Ga. 2018).
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Super98, LLC v. Delta Air Lines, Inc., 309 F. Supp. 3d 1368 (N.D. Ga. 2018). · cites it 2× “Plaintiff also argues that Defendant's interpretation would be commercially unreasonable under O.C.G.A. § 11-1-302. However, because this statute applies to variations of standards by agreement, its applicability to this case is unclear.”
Sapna Foods, Inc. v. Olive Oil Factory, LLC, No. 1:23-cv-03749 (N.D. Ga. Mar. 31, 2026). · cites it 2× “39 See O.C.G.A. § 11-1-302(a) (“[T]he effect of provisions of [the UCC] may be varied by agreement.”
11-1-302(a): 1 case
Sapna Foods, Inc. v. Olive Oil Factory, LLC, No. 1:23-cv-03749 (N.D. Ga. Mar. 31, 2026). “39 See O.C.G.A. § 11-1-302(a) (“[T]he effect of provisions of [the UCC] may be varied by agreement.”
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