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2018 Georgia Code 13-8-55 | Car Wreck Lawyer

TITLE 13 CONTRACTS

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

ARTICLE 4 RESTRICTIVE COVENANTS IN CONTRACTS

13-8-55. Requirements of person seeking enforcement of covenants.

The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.

(Code 1981, §13-8-55, enacted by Ga. L. 2011, p. 399, § 4/HB 30.)

Cases Citing Georgia Code 13-8-55 From Courtlistener.com

Total Results: 2

NORTH AMERICAN SENIOR BENEFITS, LLC v. WIMMER

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

Snippet: scope limitations of the covenant. See OCGA § 13-8-55 (“The person seeking enforcement of a restrictive

MOTORSPORTS OF CONYERS, LLC v. BURBACH

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

Snippet: determining whether a given covenant is reasonable); 13-8-55 (setting pleading and burden of proof requirements)