60.900 Settlement of Torts | Pdf Doc Docx | Georgia_JI

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60.900 Settlement of Torts | Pdf Doc Docx | Georgia_JI

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60.900 Settlement of Torts

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Description

60.900 Settlement of Torts If the tort or legal wrong complained of does not amount to a crime, the person injured may consent to a satisfaction and settlement of it. If it does amount to a crime, the person injured may agree upon and receive compensation for the personal injury. O.C.G.A. §51-11-20 (The following charge should not be given unless authorized by the facts.) Any attempt to satisfy the crime or to suppress a prosecution for it is illegal and destroys the entire agreement, except in those cases in which the law expressly allows such a settlement. O.C.G.A. §51-11-20(b)(2) (The following rule applies unless it comes into conflict with the preceding sentence.) One having a right of action on account of injury to one's person or injury to or the death of another or damage to property may enter into a contract in settlement and satisfaction of it, and when executed, such a contract will bar an action on account of the injury. Western, etc., Railroad Co. v. Burke, 97 Ga. 560 (1895) Drew v. Lyle, 88 Ga. App. 121, 124 (1953) Wheat v. Montgomery, 130 Ga. App. 202 (1973) Daniel v. Conrad, 242 Ga. 119 (1978)

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