Atlanta Business Attorney Blog

Georgia Business Litigation: Definitions of Common Terms associated with Business Law and Litigation:

Affidavit: Written testimony under oath - usually sworn to in front of a notary.

Alternative dispute resolution (ADR): Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.

Appearance: Coming into court as a party to a case or voluntarily submitting to the power of a court. Usually this is not a physical act, but a lawyer filing a document.

Arbitration: Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and final.

Arrearage: The amount of money that is past due.

Attorney (at Law): An advocate or counsel employed to prepare, manage and try cases in court. Must be licensed by the state. Lawyer and attorney are usually synonymous.

Damages: Compensation sought by the party filing a lawsuit and awarded by the court for the loss or injury allegedly suffered.

Decree: The court's written order or decision.

Default: Failing to answer a petition or complaint. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing party.

Deposition: Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.

Continue reading "Georgia Business Litigation & Law Terms - Part 2: General Legal Terminology Used In Litigation" »

You go to the used car lot and fall in love with a specific car. You decide you absolutely have to have that car, but you only want it if it has never been in an accident. The salesman clearly tells you that the car is in perfect condition and has never been wrecked, so you happily sign the contract to purchase the car and drive it off the lot that day. Soon after purchasing the car, you take it to the mechanic for body and engine trouble, and you find out that the car had indeed been in an accident and that the salesman lied. What do you do?

This exact fact scenario occurred in the seminal case of City Dodge, Inc. v. Gardner, where the court stated the principle that the injured party gets to choose his remedy. The Georgia Court of Appeals stated in that case: “Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent misrepresentation.”

The court in City Dodge, Inc. held that rescission was accomplished in the following scenario: When the buyer discovered the misrepresentation, “he notified defendant dealer that he was rescinding the purchase by reason of fraud simultaneously making an unconditional return of the automobile. When the dealer refused to accept such delivery the buyer made it a continuing tender by informing defendant he would place the car at his residence where it would remain and would not be used and where dealer was authorized to take possession thereof at any time.”

Continue reading "Fraudulent Representations involving Purchasing a Car - What should I do?" »

People like to throw around the word “fraud” when they are threatening to file a business lawsuit in Georgia, but very few people understand what the word means in the legal sense. The most experienced attorneys will tell you that it is extremely difficult to prove a fraud claim because of the multiple elements that a party alleging fraud must prove. These elements of fraud, as stated in the case of Day v. Randolph, are:

1. A misrepresentation or falsehood is knowingly made. It is not enough that a person mistakenly says something that is incorrect – he must actually know that it is false and intentionally make a false statement.
2. The misrepresentation or falsehood is related to a material fact.
3. The purpose of the misrepresentation or falsehood was to deceive another and induce him to act.
4. The person did indeed act based on the misrepresentation or falsehood.
5. The person was damaged.