O.C.G.A.

O.C.G.A. § 23-2-20 (2019)

Which accidents relievable in equity

✓ 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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An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over another in a court of law.

History

Orig. Code 1863, § 3045; Code 1868, § 3057; Code 1873, § 3112; Code 1882, § 3112; Civil Code 1895,

§ 3968; Civil Code 1910, § 4565; Code 1933, § 37-201.

Annotations

JUDICIAL DECISIONS Accident in its strict sense implies the absence of negligence for which no one would be liable. Richter v. Atlantic Co., 65 Ga. App. 605, 16 S.E.2d 259 (1941). In its proper use the term accident excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which one was placed. Richter v. Atlantic Co., 65 Ga. App. 605, 16 S.E.2d 259 (1941). Voluntary dismissal of claims with prejudice was not a contract and, thus,

O.C.G.A. §§ 23-2-20 and 23-2-21 did not apply to authorize setting aside the dismissal. Kent v. State Farm Mut. Auto. Ins. Co., 233 Ga. App. 564, 504 S.E.2d 710 (1998). Cited in Williamson v. Floyd County Wildlife Ass’n, 215 Ga. 789, 113 S.E.2d 626 (1960); Tripp v. Conner, 220 Ga. 2, 136 S.E.2d 744 (1964); Finch v. McAloney, 222 Ga. 174, 149 S.E.2d 100 (1966); Gay v. AMOCO, 115 Ga. App. 18, 153 S.E.2d 612 (1967); Humble Oil & Ref. Co. v. Mitchell, 230 Ga. 323, 197 S.E.2d 126 (1973); Kidd v. Kidd, 237 Ga. 232, 227 S.E.2d 259 (1976); Rose v. Cain, 247 Ga. App. 481, 544 S.E.2d 453 (2001); Beasley v. Wachovia Bank, 277 Ga. App. 698, 627 S.E.2d 417 (2006).

RESEARCH REFERENCES Am. Jur. 2d. - 27 Am. Jur. 2d, Equity, § 44. C.J.S. - 30 C.J.S., Equity, § 44 et seq. ALR. - Right to recover back in an action at law money paid upon an existing judgment, procured by or grounded on fraud or mistake, 9 A.L.R. 400. Insurance: death or injury resulting from insured’s voluntary act as caused by accident or accidental means, 42 A.L.R. 243; 45 A.L.R. 1528; 71 A.L.R. 1437; 111 A.L.R. 628. Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.

Rupture of blood vessel following exertion or exercise as within terms of accident provision of insurance policy, 35 A.L.R.2d 1105. Power of equity court to reach or to sequester, for seizure and sale, beneficial equitable interests in corporate stock shares, 42 A.L.R.2d 920. Repeated absorption of poisonous substance as ‘‘accident’’ within coverage clause of comprehensive general liability policy, 49 A.L.R.2d 1263. Accident insurance: death or injury intentionally inflicted by another as due to accident or accidental means, 49 A.L.R.3d 673.

Notes of Decisions

Cited in 4 cases, 1998–2011 · leading case: Kent v. State Farm Mut. Auto. Ins., 504 S.E.2d 710 (Ga. Ct. App. 1998).

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Kent v. State Farm Mut. Auto. Ins., 504 S.E.2d 710 (Ga. Ct. App. 1998). · cites it 8× “The Kents further argue that equity requires that the voluntary dismissal with prejudice be set aside, relying on OCGA §§ 23-2-20 and 23-2-21. *567 Decided July 10,1998 Reconsideration denied July 27, 1998 E.”

Exec. Excellence, LLC v. Martin Bros. Investments, LLC, 710 S.E.2d 169 (Ga. Ct. App. 2011). · cites it 4× “Notwithstanding that the language of the agreement empowers the sellers to insist upon it, the buyers correctly note in their complaint that there was "no possible benefit flowing to the seller under the zoning contingency.”

Beasley v. Wachovia Bank, 627 S.E.2d 417 (Ga. Ct. App. 2006). · cites it 2× “12 Beasley next contends that the court erred in instructing the jury on the circumstances under which an obligor is relieved from his obligations by reason of accident (see OCGA § 23-2-20) or mistake of fact (see OCGA§§ 23-2-29; 23-2-32).”

Rose v. Cain, 544 S.E.2d 453 (Ga. Ct. App. 2000). · cites it 2× “14 OCGA § 23-2-20. 15 OCGA §§ 23-2-21; 23-2-24.”

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.