A contract is an agreement between two or more parties for the doing or not doing of some specified thing. History. Orig. Code 1863, § 2676; Code 1868, § 2672; Code 1873, § 2714; Code 1882, § 2714; Civil Code 1895, § 3631; Civil Code 1910, § 4216; Code 1933, § 20-101. Law reviews. For […]
Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated. History. Civil Code 1895, § 15; Civil Code 1910, § 15; Code 1933, § 20-117. History […]
Obligations to pay attorney’s fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, shall be valid and enforceable and collectable as a part of such debt if such note or other evidence of indebtedness is collected by or through an attorney after maturity, subject to subsection […]
When an action is brought by an endorsee, an endorsement or assignment of any bill, bond, or note need not be proved unless denied under oath. History. Laws 1810, Cobb’s 1851 Digest, p. 271; Code 1863, § 2796; Code 1868, § 2804; Code 1873, § 2855; Code 1882, § 2855; Civil Code 1895, § 3705; […]
Payments of claims made through ignorance of the law or where all the facts are known and there is no misplaced confidence and no artifice, deception, or fraudulent practice used by the other party are deemed voluntary and cannot be recovered unless made under an urgent and immediate necessity therefor or to release person or […]
In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a loan or extending credit in order to defray the costs of investigation and verification of a borrower’s or purchaser’s credit reports and […]
As used in this Code section, the term: “Actual cost” means the amount paid by a third party for the processing of a payment made by electronic means. If a lender or merchant is a subsidiary of an entity that processes payments made by electronic means, the parent entity shall be considered a third party. […]
As used in this Code section, the term: “Health spa” means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. Such term includes an establishment designated as a […]
An executed contract is one in which all the parties thereto have performed all the obligations which they have originally assumed. An executory contract is one in which something remains to be done by one or more parties. History. Orig. Code 1863, § 2677; Code 1868, § 2673; Code 1873, § 2715; Code 1882, § […]
A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in carrying out the judgment of a court. History. Orig. Code 1863, § 2678; Code 1868, § 2674; Code 1873, § 2716; Code 1882, § 2716; Civil Code […]
A specialty is a contract under seal and is considered by the law as entered into with more solemnity, and consequently of higher dignity, than ordinary, simple contracts. History. Orig. Code 1863, § 2679; Code 1868, § 2675; Code 1873, § 2717; Code 1882, § 2717; Civil Code 1895, § 3634; Civil Code 1910, § […]
All other contracts than those specified in Code Sections 13-1-2 through 13-1-4 are termed simple contracts. Simple contracts may either be in writing or rest only in words as remembered by witnesses. History. Orig. Code 1863, §§ 2680, 2681; Code 1868, §§ 2676, 2677; Code 1873, §§ 2718, 2719; Code 1882, §§ 2718, 2719; Civil […]
Parol contracts shall include only contracts in words as remembered by witnesses. History. Orig. Code 1863, § 2681; Code 1868, § 2677; Code 1873, § 2719; Code 1882, § 2719; Civil Code 1895, § 3636; Civil Code 1910, § 4221; Code 1933, § 20-106. Cross references. Parol evidence generally, T. 24, C. 3.
A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. In a conditional contract, the covenants are dependent upon each other and the breach of one is a release of the binding force of all dependent covenants. The […]
A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. The character of the contract in such case is determined by the intention of the parties. History. Orig. Code 1863, § […]
In some cases even an entire contract is apportionable, as where the price to be paid is not fixed, or is by the contract itself apportioned according to time; so, if the failure of one party to perform is caused by the act of the other, the contract may still be apportioned. History. Orig. Code […]
