Georgia § 13-4-60 - Rescission for fraud.
Full text of Georgia Official Code of Georgia Annotated § 13-4-60 — Rescission for fraud., with citation guidance and answers to common questions.
§ 13-4-60. Rescission for fraud.
A contract may be rescinded at the instance of the party defrauded; but, in order to rescind, the defrauded party must promptly, upon discovery of the fraud, restore or offer to restore to the other party whatever he has received by virtue of the contract if it is of any value. (Civil Code 1895, § 3711; Civil Code 1910, § 4305; Code 1933, § 20-906.) History of section. - This Code section is derived from the decision in East Tenn. & Ga. Ry. v. Hayes, 83 Ga. 558 , 10 S.E. 350 (1889). Cross references. - Fraud generally, § 23-2-50 et seq. Law reviews. - For article discussing the historical background of the doctrine of tender and the application in Georgia of tender requirements, and proposing reforms, see 21 Mercer L. Rev. 413 (1969). For article discussing ex parte rescission of sales contract for fraud and suit for fraud and deceit, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766 , 208 S.E.2d 794 (1974), see 11 Ga. St. B.J. 172 (1975). For note discussing rescission for fraud as a consumer remedy, see 25 Emory L.J. 445 (1976). For note, "Misrepresentations and Nondisclosures in the Insurance Application," see 13 Ga. L. Rev. 876 (1979). For comment discussing action of fraud where injured purchaser did not first seek rescission of contract, in light of Mutual Home & Sav. Ass'n v. Westgerdes, 33 Abs. 490, 35 N.E.2d 882 (1941), see 4 Ga. B.J. 69 (1941).
Frequently Asked Questions About Georgia § 13-4-60
What does Official Code of Georgia Annotated § 13-4-60 cover?
Section 13-4-60 ("Rescission for fraud.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 13-4-60?
A common citation format is "Official Code of Georgia Annotated § 13-4-60" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 13-4-60 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.