In Georgia, a contract modification generally requires new consideration to be enforceable, unless the modification falls under an exception. The new consideration must be something of value exchanged between the parties. A modification does not need to be in writing or witnessed, unless the original contract requires it.
In Georgia, as in most jurisdictions, directors of a corporation owe both a duty of care and a duty of loyalty to the corporation. They must act in good faith and in the best interests of the corporation, including avoiding conflicts of interest. Directors are generally not liable for decisions made in good faith, but they can be held liable for breaches of their duties. Directors do not need to personally guarantee corporate debts.
Under Georgia law, a complaint must be served on the defendant within 30 days after it has been filed. If the plaintiff fails to serve the complaint within this time frame, the court may dismiss the action unless good cause is shown for the delay.
In Georgia, a holographic will (a will handwritten by the testator) must be signed and dated by the testator to be valid. Unlike other jurisdictions, Georgia does not recognize holographic wills unless they meet these requirements. Witnesses are not required for a holographic will in Georgia, and filing with the probate court is not necessary before the testator’s death.
Georgia follows the principle of equitable distribution, which means that marital property is divided in a manner that is fair and equitable, but not necessarily equal. The court considers various factors, including the length of the marriage, the contributions of each spouse, and the needs of each spouse, in determining an equitable division.
