16.400 Contracts; Diligence; Negligence | Pdf Doc Docx | Georgia_JI

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16.400 Contracts; Diligence; Negligence | Pdf Doc Docx | Georgia_JI

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16.400 Contracts; Diligence; Negligence

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16.400 Contracts; Diligence; Negligence Upon reasonable application and under proper circumstances, a party may be relieved from the injurious consequences of an act done under a mistake of fact. However, relief will not be granted to a party who could have used reasonable care to determine the truth of the matter. The negligence of the complaining party, preventing relief, is that lack of reasonable care, the absence of which would be a violation of legal duty. Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced. O.C.G.A. §§23-2-29, 23-2-32 Keith v. Brewster, 114 Ga. 176 (1901) Williams v. Lockhart, 221 Ga. 343, 344 (1965) J. C. Penney v. West, 140 Ga. App. 110 (1976)

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