§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions
In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions: During the term of the relationship, a time period equal to or measured by duration of the parties’ business or commercial relationship is reasonable, […]
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions
In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of […]
§ 13-8-58. Enforcement by Third Parties
A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement […]
§ 13-8-59. Construction With Federal Provisions
Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States. History. Code 1981, § 13-8-59 , enacted by Ga. […]
§ 13-8-34. Unfair Competition; Unfair or Deceptive Acts
Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. History. Code 1981, § 13-8-34 , enacted by Ga. L. 1993, p. 1585, § 4.
§ 13-8-54. Judicial Construction of Covenants
A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive […]
§ 13-8-35. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices
It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. It shall be deemed […]
§ 13-8-55. Requirements of Person Seeking Enforcement of Covenants
The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing […]
§ 13-8-36. Predelivery and Preparation Obligations; Repair Parts Availability; Return of Surplus Parts Inventory
Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers. Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or implement sold. Every manufacturer shall provide to his […]
§ 13-8-37. Warranty Agreements; Disapproval of Claims Under Warranty Agreements; Special Handling of Claims; Calculation of Compensation to Dealer for Warranty Work
Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer. History. Code 1981, § 13-8-37 , enacted by Ga. L. 1993, p. 1585, § […]