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· 7/23/2015

2010-1 Sfg Venture LLC v. Lee Bank & Trust Company

Citations

  • 332 Ga. App. 894
  • 775 S.E.2d 243

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defining willful misconduct in a limitation on liability provision of a participation agreement to require “an actual intention to do harm or inflict injury”
  • “Aliquidated damages provision is an agreement between the parties to limit recovery for a breach of the contract to a specified amount.”
  • “A contracting party may waive or renounce that which the law has established in his or her favor, when it does not thereby injure others or affect the public interest.”
  • This Court noted that, “[w]hether the clause at issue [was] characterized as a limitation of liability clause or an exculpatory clause [was] immaterial because Georgia case law [did] not appear to treat such clauses differently for purposes of review.”
  • clause at issue titled “Limitation on Liability of SFG”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ellington, Dillard, McFadden

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.