O.C.G.A.

O.C.G.A. § 11-2-515 (2019)

Preserving evidence of goods in dispute

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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In furtherance of the adjustment of any claim or dispute:

(a) Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test, and sample the goods including such of them as may be in the possession or control of the other; and

(b) The parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

History

Code 1933, § 109A-2-515, enacted by Ga. L. 1962, p. 156, § 1.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, §§ 620-622. Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:370. C.J.S. 17B C.J.S., Contracts, § 565 et seq.

U.L.A. Uniform Commercial Code (U.L.A.) § 2515. ALR. Conclusiveness of determination of third party whose approval is provided for by contract for sale of goods, 7 A.L.R.3d 555.

PART 6 BREACH, REPUDIATION, AND EXCUSE Cross references. Buyer’s right to cancel home solicitation sale, § 10-1-6.

T.11, A.2, P.6

RESEARCH REFERENCES ALR. Causes of action governed by limitations period in UCC § 2-725, 49 A.L.R.5th 1. Repudiation and remedies for repudia-

tion under § 212(e) of Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) (12 USCS § 1821(e)), 132 A.L.R. Fed. 1.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Atwood v. Se. Bedding Co., Inc., 485 S.E.2d 217 (Ga. Ct. App. 1997).

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Atwood v. Se. Bedding Co., Inc., 485 S.E.2d 217 (Ga. Ct. App. 1997). · cites it 4× “If the seller is notified of a breach within a reasonable time he has [the] opportunity to ascertain for himself the nature and extent of the breach by taking advantage of [OCGA § 11-2-515] which gives either party upon reasonable notification to the other, the right to inspect,…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.