A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute.
History. Orig. Code 1863, § 3057; Code 1868, § 3069; Code 1873, § 3124; Code 1882, § 3124; Civil Code 1895, § 3981; Civil Code 1910, § 4578; Code 1933, § 37-208.
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