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2018 Georgia Code 11-2-716 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-2-716 Case Law from Google Scholar Amendments to OCGA 11-2-716

TITLE 11 COMMERCIAL CODE

Section 2. Sales, 11-2-101 through 11-2-725.

ARTICLE 2 SALES

11-2-716. Buyer's right to specific performance or replevin.

  1. Specific performance may be decreed where the goods are unique or in other proper circumstances.
  2. The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
  3. The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(Code 1933, § 109A-2 - 716, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2001, p. 362, § 8.)

The 2001 amendment, effective July 1, 2001, in subsection (3), substituted "the buyer" for "he" in the first sentence and added the last sentence.

Cross references.

- Specific performance generally, § 23-2-130 et seq.

Law reviews.

- For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For note, "David Tunick, Inc. v. Kornfield: Applying U.C.C. Section 2-716 and Uniqueness to a Section 2-508 Analysis," see 45 Mercer L. Rev. 1407 (1994).

JUDICIAL DECISIONS

Cited in R.C. Craig, Ltd. v. Ships of Sea, Inc., 345 F. Supp. 1066 (S.D. Ga. 1972); Duval & Co. v. Malcom, 233 Ga. 784, 214 S.E.2d 356 (1975); R.L. Kimsey Cotton Co. v. Ferguson, 233 Ga. 962, 214 S.E.2d 360 (1975).

RESEARCH REFERENCES

Am. Jur. 2d.

- 71 Am. Jur. 2d, Specific Performance, § 172.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:747, 2:779. 22B Am. Jur. Pleading and Practice Forms, Specific Performance, § 3.

C.J.S.

- 77 C.J.S., Replevin, § 27 et seq. 77A C.J.S., Sales, §§ 375, 389. 81 C.J.S., Specific Performance, § 80 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-716.

ALR.

- Right of party who has once refused to perform to have specific performance of contract, 2 A.L.R. 416.

Specific performance of written executory contract for lease of real property, 31 A.L.R. 502; 173 A.L.R. 1161.

Loss or destruction of property pending replevin action as affecting liability under bond given therein, 31 A.L.R. 1290.

A provision in land contract for pecuniary forfeiture or penalty by a party in default as affecting the right of the other party to specific performance, 32 A.L.R. 584; 98 A.L.R. 877.

Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.

Right to litigate rescission of contract in replevin action, 94 A.L.R. 960.

Right of one seeking specific performance to recover as damages an amount measured by depreciation in value of property itself, or in its market price or value, subsequent to defendant's default, 105 A.L.R. 1421.

Remedy of specific performance as available to vendee's assignee, 138 A.L.R. 205.

Claim of interest in property or other conduct of defendant, after commencement of replevin action, as excusing or waiving demand, 145 A.L.R. 743.

Persons not in possession at commencement of action at law to recover personal property as necessary or proper parties defendant, 145 A.L.R. 905.

Sale price of property as sufficient evidence of value to support alternative money judgment in replevin action between the parties to the sale or between one of the parties and a third person, 149 A.L.R. 1027.

Right to satisfy judgment requiring return of property in defendant's possession by payment of damages, where return would subject defendant to loss, 159 A.L.R. 546.

Right of plaintiff in replevin to damages for detention of property during pendency of action as affected by his failure to claim immediate possession by complying with statutory provisions in that regard, 164 A.L.R. 758.

Specific performance of contract or option as affected by unexecuted provision for determination of price by arbitrators or appraisers, 167 A.L.R. 727.

Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor's duty to satisfy, 173 A.L.R. 1309.

Recovery of damages in replevin for usable value of property detained, by successful party having only security interest as conditional vendor, chattel mortgagee, or the like, 33 A.L.R.2d 774.

Allowance, in replevin action, of loss of profits from deprivation of use of detained property, 48 A.L.R.2d 1053.

Proper county for bringing replevin, or similar possessory action, 60 A.L.R.2d 487.

Recovery of attorney's fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.

Maintainability of replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.

Specific performance of agreement for sale of private franchise, 82 A.L.R.3d 1102.

Specific performance of sale of goods under UCC § 2-716, 26 A.L.R.4th 294.

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