West v. Bowser (Ga. Ct. App., Appeal No. A21A0055, 8/19/2022)
Under Georgia law, mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags Partnership v. Hughes, 191 Ga. App. 404, 407 (1) (381 SE2d 605) (1989). See also Rushing v. Gold Kist, 256 Ga.App. 115, 119 (3) (567 SE2d 384) (2002).
West v. Bowser (Ga. Ct. App., Appeal No. A21A0055, 8/19/2022)
“In general, a party alleging fraudulent inducement to enter a contract has two options: (1) affirm the contract and sue for damages from the fraud or breach; or (2) promptly rescind the contract and sue in tort for fraud.” Ekeledo v. Amporful, 281 Ga.817, 819 (1) (642 SE2d 20) (2007).
West v. Bowser (Ga. Ct. App., Appeal No. A21A0055, 8/19/2022)
[o]ne cannot claim to be defrauded about a matter equally open to the
observation of all parties where no special relationship or trust or
confidence exists. Further, in the absence of special circumstances one
must exercise ordinary diligence in making an independent verification
of contractual terms and representations, failure to do which will bar an
action based on fraud. One not prevented from reading the contract, and
having the capacity and opportunity to do so, cannot after signing it
claim he wasfraudulently induced to sign by promises which contradict
the express terms of the contract.
(Citation and punctuation omitted.) Megel v. Donaldson, 288 Ga. App. 510, 514 (2)
(654 SE2d 656) (2007).
