Publication Date
1969
Abstract
TO paraphrase a modem slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. To be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding this re- sult. To be told that he is legally presumed to know this must confirm his suspicions. The local government too, seeking to do battle with the multitudes of modem problems which confront it, must yearn to be free of the principle. Without question, it would seem to constitute an obstacle more frequently than a shield. Even the local citizens and taxpayers, when told that the principle exists in large part for their benefit and protection, must at least wonder whether on balance this proves to be true. But the principle is a well-established one, existing in most jurisdictions from early times. Its wisdom has rarely been questioned by the authorities, and the courts appear to afford it fairly routine treatment in the cases. In Georgia, the principle is embodied in the statutory law, and a line of relatively few judicial decisions have evolved it over a period of time. Its history makes for a rather compact chapter of local government law.
Recommended Citation
Sentell,, R. Perry Jr.
(1969)
"Local Government and Contracts That Bind,"
Georgia Law Review: Vol. 3:
No.
3, Article 4.
Available at:
https://digitalcommons.law.uga.edu/glr/vol3/iss3/4