If the consideration upon which a contract is based was given as a result of a mutual mistake of fact or of law, the contract cannot be enforced.
History. Orig. Code 1863, § 2707; Code 1868, § 2701; Code 1873, § 2743; Code 1882, § 2743; Civil Code 1895, § 3660; Civil Code 1910, § 4245; Code 1933, § 20-308.
Cross references.
Pleading of mistake as a defense, § 9-11-9 .
Equitable principles regarding accident and mistake generally, § 23-2-20 et seq.
Structure Georgia Code
Article 1 - General Provisions
§ 13-5-1. Pleading of Facts Indicating Contract Not Obligatory Generally
§ 13-5-2. Incapacity Generally
§ 13-5-3. Exemption From Contractual Liability of Minor
§ 13-5-4. Mistake of Fact or Law
§ 13-5-7. Rescission or Release
§ 13-5-8. Noncompliance With Condition, Failure of Consideration, or Other Act as Defense
§ 13-5-9. Total or Partial Failure of Consideration Generally