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7-2-321
Section 7-2-321 C.I.F. or C. & F.: "Net landed weights"; "payment on arrival";
warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights,"
"delivered weights," "out turn" quantity or quality or the like, unless
otherwise agreed the seller must reasonably estimate the price. The payment due on tender
of the documents called for by the contract is the amount so estimated, but after final adjustment
of the price a settlement must be made with commercial promptness. (2) An agreement described
in subsection (1) or any warranty of quality or condition of the goods on arrival places upon
the seller the risk of ordinary deterioration, shrinkage and the like in transportation but
has no effect on the place or time of identification to the contract for sale or delivery
or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides
for payment on or...
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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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7-2-311
Section 7-2-311 Options and cooperation respecting performance. (1) An agreement for sale which
is otherwise sufficiently definite (subsection (3) of Section 7-2-204) to be a contract is
not made invalid by the fact that it leaves particulars of performance to be specified by
one of the parties. Any such specification must be made in good faith and within limits set
by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment
of the goods are at the buyer's option and, except as otherwise provided in subsections (1)(c)
and (3) of Section 7-2-319, specifications or arrangements relating to shipment are at the
seller's option. (3) Where such specification would materially affect the other party's performance
but is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) Is excused for any resulting delay in his own...
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35-10-20
Section 35-10-20 When indebtedness presumed to have been paid. As to third parties without
actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage,
or reservation of vendor's lien, either in deed of conveyance or note, bond or contract of
purchase covering real estate 20 years past due according to the original maturity date, or
some new date fixed by a duly recorded extension agreement, shall be conclusively presumed
to have been paid unless the record of such mortgage or lien shows a credit by the mortgagee,
or lienee, or owner of the debt, or his assignee of one or more payments upon such indebtedness
within the 20 years last passed. And if the final maturity date of the debt is not shown by
the mortgage or lien, or a recorded extension agreement, or cannot be determined by calculation
from the recitals contained therein, then the time shall run from the date of the mortgage
or lien. The notation of credits mentioned in the next preceding...
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34-24-167
Section 34-24-167 Refusal, revocation, or suspension - Notice of hearing; procedure. (a) In
a contested case, all parties shall be afforded an opportunity for hearing after reasonable
notice in writing delivered either by personal service as in civil actions or by certified
mail, return receipt requested. Delivery of the notice referred to in this subsection shall
constitute commencement of the contested case proceeding. (b) The notice shall include: (1)
A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority
and jurisdiction under which the hearing is to be held; (3) A reference to the particular
sections of the statutes and rules involved; (4) A short and plain statement of the matters
asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail
at the time the notice is served, the initial notice may be limited to a statement of the
issues involved. Thereafter, upon application, a more definite and detailed...
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7-2-503
Section 7-2-503 Manner of seller's tender of delivery. (1) Tender of delivery requires that
the seller put and hold conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The manner, time and place
for tender are determined by the agreement and this article, and in particular: (a) Tender
must be at a reasonable hour, and if it is of goods they must be kept available for the period
reasonably necessary to enable the buyer to take possession; but (b) Unless otherwise agreed
the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where
the case is within Section 7-2-504 respecting shipment, tender requires that the seller comply
with its provisions. (3) Where the seller is required to deliver at a particular destination,
tender requires that he comply with subsection (1) and also in any appropriate case tender
documents as described in subsections (4) and (5) of this section. (4)...
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8-1A-10
Section 8-1A-10 Effect of change or error. If a change or error in an electronic record occurs
in a transmission between parties to a transaction, the following rules apply: (1) If the
parties have agreed to use a security procedure to detect changes or errors and one party
has conformed to the procedure, but the other party has not, and the nonconforming party would
have detected the change or error had that party also conformed, the conforming party may
avoid the effect of the changed or erroneous electronic record. (2) In an automated transaction
involving an individual, the individual may avoid the effect of an electronic record that
resulted from an error made by the individual in dealing with the electronic agent of another
person if the electronic agent did not provide an opportunity for the prevention or correction
of the error and, at the time the individual learns of the error, the individual meets the
following requirements: a. Promptly notifies the other person of the error...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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8-23-4
Section 8-23-4 Health studio services contracts - Composition. Every contract for the sale
of health studio services shall contain the following: (1) Provisions for the penalty-free
cancellation of the contract within three days, exclusive of holidays and weekends, of its
making, upon the mailing or delivery of written notice to the health studio, and refund upon
such notice of all moneys paid under the contract, except that the health studio may retain
an amount computed by dividing the number of complete days in the contract's term or, if appropriate,
the number of occasions health studio services are to be rendered, into the total contract
price and multiplying the result by the number of complete days that have passed since the
contract's making or, if appropriate, by the number of occasions that health studio services
have been rendered. (2) Provision for the cancellation of the contract if the health studio
goes out of business and fails to provide facilities within five miles or...
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7-2-105
Section 7-2-105 Definitions: "Transferability"; "goods"; "future goods";
"lot"; "commercial unit." (1) "Goods" means all things (including
specially manufactured goods) which are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid, investment securities (Article
8) and things in action. "Goods" also includes the unborn young of animals and growing
crops and other identified things attached to realty as described in the section on goods
to be severed from realty (Section 7-2-107). (2) Goods must be both existing and identified
before any interest in them can pass. Goods which are not both existing and identified are
"future goods". A purported present sale of future goods or of any interest therein
operates as a contract to sell. (3) There may be a sale of a part interest in existing identified
goods. (4) An undivided share in an identified bulk of fungible goods is sufficiently identified
to be sold although the quantity...
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