26.050 Fraud and Deceit; Rescission and Restitution; Generally | Pdf Doc Docx | Georgia_JI

 Fraud and Deceit 
26.050 Fraud and Deceit; Rescission and Restitution; Generally | Pdf Doc Docx | Georgia_JI

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26.050 Fraud and Deceit; Rescission and Restitution; Generally

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26.050 Fraud and Deceit; Rescission and Restitution; Generally A contract may be rescinded at the instance of the party defrauded, but in order to rescind, the person seeking to rescind must promptly, upon discovery of the fraud, return whatever that person has received by virtue of the contract, if it is of any value. Exceptions to the requirement of return exist when the party is entitled to keep the consideration because of damages already sustained because of the fraud, the defrauding party has made restoration impossible, or when restoration would be unreasonable. Reasonableness is a question for you, the jury, to decide. O.C.G.A. §13-4-60 Hooper v. Weathers, 175 Ga. 133 (1932) Cohron v. Woodland Hills Co., 164 Ga. 581 (1927) Farnell v. Brady, 159 Ga. 209 (1924) Orion Capital Partners LP v. Westinghouse Elec. Corp., 223 Ga. App. 539 (1996)

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