Mere inadequacy of consideration alone will not void a contract. If the inadequacy is great, it is a strong circumstance to evidence fraud; and, in an action for damages for breach of a contract, the inadequacy of consideration will always enter as an element in estimating the damages.
History. Orig. Code 1863, § 2706; Code 1868, § 2700; Code 1873, § 2742; Code 1882, § 2742; Civil Code 1895, § 3659; Civil Code 1910, § 4244; Code 1933, § 20-307.
Cross references.
Additional provisions regarding inadequacy of consideration, § 23-2-2 .
Law reviews.
For article discussing effect of contracts involving fraud or inadequate consideration, see 4 Ga. L. Rev. 469 (1970).
For article discussing the anachronistic nature of the Georgia Contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the Restatement of Contracts and in Code 1933, Title 20 (now this title), and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 499 (1979). (But see amendments by Ga. L. 1981, p. 876.)
Structure Georgia Code
Chapter 3 - Elements and Formation Generally
§ 13-3-40. Necessity for Consideration; Presumption of Consideration
§ 13-3-41. Types of Consideration
§ 13-3-43. Effect of Satisfying Requirement of Consideration
§ 13-3-45. Effect of Partially Valid Consideration; Effect of Illegal Consideration
§ 13-3-46. Effect of Inadequacy of Consideration
§ 13-3-47. Effect of Impossible and Possible but Improbable Consideration