Private Rights of Action Not Created Unless Expressly Stated

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Actions Generally
  5. General Provisions
  6. Private Rights of Action Not Created Unless Expressly Stated

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  1. No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein.
  2. Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract or for breach of legal or private duties as set forth in Code Sections 51-1-6 and 51-1-8 or in Title 13.

(Code 1981, §9-2-8, enacted by Ga. L. 2010, p. 745, § 2/SB 138.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, "after July 1, 2010," was substituted for "after the effective date of this Code section" in subsection (a).

Editor's notes.

- Ga. L. 2010, p. 745, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Transparency in Lawsuits Protection Act.'"

Law reviews.

- For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).

JUDICIAL DECISIONS

No private right of action for transmitting nude photos.

- Trial court erred in awarding civil damages to a girlfriend under O.C.G.A. § 16-11-90, which criminalized the transmission of photography or video depicting nudity or sexually explicit conduct of an adult without his or her consent, because it was a criminal statute that did not provide for a private right of action; further, creation of such a right from the statute would violate the separation of powers clause, Ga. Const. 1983, Art. I, Sec. II, Para. III, and also O.C.G.A. § 9-2-8(a). Somerville v. White, 337 Ga. App. 414, 787 S.E.2d 350 (2016).

ARTICLE 2 PARTIES

Cross references.

- Persons who may bring equitable actions, § 23-4-20.


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