If performance of the terms of a contract becomes impossible as a result of an act of God, such impossibility shall excuse nonperformance, except where, by proper prudence, such impossibility might have been avoided by the promisor.
History. Orig. Code 1863, § 2812; Code 1868, § 2820; Code 1873, § 2871; Code 1882, § 2871; Civil Code 1895, § 3725; Civil Code 1910, § 4319; Code 1933, § 20-1102.
Cross references.
Duty of administrator or executor to fulfill, when possible, decedent’s contractual obligations, § 53-7-9.
Law reviews.
For article discussing the anachronistic nature of the Georgia Contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the Restatements of Contracts and in Code 1933, Title 20 (now this title), and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 499 (1979). (But see amendments by Ga. L. 1981, p. 876.)