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2018 Georgia Code 13-8-50 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-8-50 Case Law from Google Scholar Amendments to OCGA 13-8-50

TITLE 13 CONTRACTS

Section 8. Illegal and Void Contracts Generally, 13-8-1 through 13-8-59.

ARTICLE 4 RESTRICTIVE COVENANTS IN CONTRACTS

13-8-50. Legislative findings.

The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia and keeping existing businesses within the state. Further, the General Assembly desires to provide statutory guidance so that all parties to such agreements may be certain of the validity and enforceability of such provisions and may know their rights and duties according to such provisions.

(Code 1981, §13-8-50, enacted by Ga. L. 2011, p. 399, § 4/HB 30.)

Law reviews.

- For article, "Contracts: Illegal and Void Contracts Generally," see 28 Ga. St. U.L. Rev. 21 (2011). For annual survey on labor and employment law, see 64 Mercer L. Rev. 173 (2012). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017). For note, "Balancing the Scales: Reforming Georgia's Common Law in Evaluating Restrictive Covenants Ancillary to Employment Contracts," 46 Ga. L. Rev. 1117 (2012).

JUDICIAL DECISIONS

Enforcement of covenants would be against Georgia law and public policy.

- Trial court did not err by refusing to enforce the forum selection and choice of law clauses requiring Texas law to govern an employment contract and by dismissing the complaint because a Texas court applying Texas law would enforce non-compete covenants that were unenforceable under applicable Georgia law and public policy. Lapolla Indus. v. Hess, 325 Ga. App. 256, 750 S.E.2d 467 (2013).

In a declaratory judgment action seeking a declaration as to the enforceability of non-compete clauses in an employment contract, the trial court properly granted the competitor judgment on the pleadings because the trial court correctly found that the pleadings showed that the lack of any limit on the scope of the restricted work or the solicitation of former customers were void and unenforceable under the non-severability rule as a matter of law. Lapolla Indus. v. Hess, 325 Ga. App. 256, 750 S.E.2d 467 (2013).

Cited in Crump Ins. Servs. v. All Risks, Ltd., 315 Ga. App. 490, 727 S.E.2d 131 (2012).

Cases Citing Georgia Code 13-8-50 From Courtlistener.com

Total Results: 2

NORTH AMERICAN SENIOR BENEFITS, LLC v. WIMMER

Court: Supreme Court of Georgia | Date Filed: 2024-09-04

Snippet: Restrictive Covenants Act (the “GRCA”), OCGA § 13-8-50 et seq., governs the enforceability of restrictive

MOTORSPORTS OF CONYERS, LLC v. BURBACH

Court: Supreme Court of Georgia | Date Filed: 2023-09-06

Snippet: the Georgia Restrictive Covenants Act. OCGA § 13-8-50 et seq. Although the GRCA and a corresponding