26.400 Fraud and Deceit; Goods, Sale of; Generally (Commercial Code) | Pdf Doc Docx | Georgia_JI

26.400 Fraud and Deceit; Goods, Sale of; Generally (Commercial Code)

Georgia Jury Instructions/Fraud and Deceit/
26.400 Fraud and Deceit; Goods, Sale of; Generally (Commercial Code) | Pdf Doc Docx | Georgia_JI

26.400 Fraud and Deceit; Goods, Sale of; Generally (Commercial Code) Form

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This is a Georgia Jury Instructions form that can be used for Fraud and Deceit.

26.400 Fraud and Deceit; Goods, Sale of; Generally (Commercial Code) (For applicability of this charge, see definition of goods in O.C.G.A. §11-2-105.) When there is a claim of material misrepresentation of fraud about a sale of goods, the defrauded party is entitled to an appropriate remedy. The right of the defrauded party to void the contract of sale or return the goods does not prevent the defrauded party from making a claim for damages or pursuing other remedies under the law. O.C.G.A. §11-2-721 (Note: The entire Part 7 (O.C.G.A. §11-2-701 et seq.) of the article on sales (O.C.G.A. §11-2-101 et seq.) deals with remedies of parties in cases involving sales of goods, and it will be necessary to apply whatever part of the law applies to the factual situation in any given case. The most likely code sections to be used will be those relating to incidental or consequential damages to the buyer (O.C.G.A. §11-2-715) or seller (O.C.G.A. §11-2710), which are set out as the following two charges. For certain equitable relief in cases of misrepresentation or fraud, see 16.220 Contracts; Accident and Mistake,)