A condition, precedent or subsequent, not complied with, insufficiency or failure of consideration, or any act of the opposite party, by which the obligation of the contract has ceased, may be pleaded as a defense.
History. Orig. Code 1863, § 2798; Code 1868, § 2806; Code 1873, § 2857; Code 1882, § 2857; Civil Code 1895, § 3707; Civil Code 1910, § 4301; Code 1933, § 20-902.
Cross references.
General rules of pleading and requirement of setting forth failure of consideration as an affirmative defense, § 9-11-8 .
Pleading of special matters, § 9-11-9 .
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