If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the opposite party justify an interference if there has been no misplaced confidence, misrepresentation, or other fraudulent act.
History. Orig. Code 1863, § 3059; Code 1868, § 3071; Code 1873, § 3126; Code 1882, § 3126; Civil Code 1895, § 3984; Civil Code 1910, § 4581; Code 1933, § 37-211.
Law reviews.
For article, “Limitations on the Meaning and Impact of DeGarmo v. DeGarmo,” see 4 Ga. St. B.J. 20 (1998).
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 2 - Accident and Mistake
§ 23-2-20. Which Accidents Relievable in Equity
§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously
§ 23-2-22. Mistake of Law in Instrument by Contracting Parties
§ 23-2-23. Mistake of Law in Instrument by Agent
§ 23-2-24. When Mistake of Fact Relieved
§ 23-2-25. Form of Conveyance Contrary to Intent
§ 23-2-26. Accident or Mistake in Execution of Power
§ 23-2-27. Equitable Interference Not Authorized by Mere Ignorance of Law
§ 23-2-30. Reformation and Execution of Contract in Case of Mistake Distinguished
§ 23-2-31. Rescission for Unilateral Mistake of Fact
§ 23-2-32. When Negligent Complainant Granted Relief
§ 23-2-33. Mere Volunteers, in General; Exception for Executed Contracts
§ 23-2-34. Relief Against Original Parties or Privies; Exception