O.C.G.A. § 11-5-111 (2019)
Remedies
(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer’s obligation under the letter of credit is not for the payment of money the claimant may obtain specific performance or at the claimant’s election recover an amount equal to the value of performance from the issuer. In either case the claimant may also recover incidental damages but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant’s recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.
(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental damages but not consequential damages, less any amount saved as a result of the breach.
(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b) of this Code section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental damages but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and in subsections (a) and (b) of this Code section.
(d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) of this Code section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.
(e) Reasonable attorney’s fees and other expenses of litigation shall be awarded to the prevailing party in an action in which a remedy is sought under this article.
(f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking but only in an amount or by a formula that is reasonable in light of the harm anticipated.
History
Code 1981, § 11-5-111, enacted by Ga. L. 2002, p. 995, § 1.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Article 5 are included in the annotations for this Code section. Mitigation of damages. - Former Code 1933, § 11-5-115(1) did not expressly impose or negate duty to mitigate damages. Beckman Cotton Co. v. First Nat’l Bank, 666 F.2d 181, 1982 U.S. App. LEXIS 22396 (5th Cir. 1982) (decided under former Code 1933, § 109A-5-115). Measurement of damages. - Former Code 1933, § 11-5-115(1) did not automatically require that face amount of draft be sole measure of damages. Beckman Cotton Co. v. First Nat’l Bank, 666 F.2d 181, 1982 U.S. App. LEXIS 22396 (5th Cir. 1982) (decided under former Code 1933, § 109A-5-115). What constitutes incidental damages. - If issuer wrongfully dishonors
draft or demand for payment under credit letter, person entitled to honor may recover from issuer the face amount of the draft or demand together with incidental damages. Incidental damages include all commercially reasonable expenditures. The test of commercial reasonableness is a practical one, requiring primarily honesty and good faith in attempting to minimize damages. What is commercially reasonable is to be determined from all the facts and circumstances of each case, and must be judged in light of one viewing situation at time problem was presented. Beckman Cotton Co. v. First Nat’l Bank, 666 F.2d 181, 1982 U.S. App. LEXIS 22396 (5th Cir. 1982) (decided under former Code 1933, § 109A-5-115).
RESEARCH REFERENCES Am. Jur. 2d. 15A Am. Jur. 2d, Commercial Code, § 67. 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, § 75 et seq. 68A Am. Jur. 2d, Secured Transactions, § 13. Am. Jur. Proof of Facts. Reduction or Mitigation of Damages - Sales Contract, 11 POF2d 131. U.L.A. Uniform Commercial Code (U.L.A.) § 5111.
ALR. Rights and remedies of holder of draft issued under letter of credit which is dishonored, 53 A.L.R. 57. Liability of one who purchases draft and secures its payment after letter of credit has expired, 56 A.L.R. 1190. Recovery of money paid for unused traveler’s check, letter of credit, or foreign exchange, 62 A.L.R. 509. Damages recoverable for wrongful dis-
honor of letter of credit under UCC § 5115, 2 A.L.R.4th 665.