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7-2-613
Section 7-2-613 Casualty to identified goods. Where the contract requires for its performance
goods identified when the contract is made, and the goods suffer casualty without fault of
either party before the risk of loss passes to the buyer, or in a proper case under a "no
arrival, no sale" term (Section 7-2-324) then: (a) If the loss is total the contract
is avoided; and (b) If the loss is partial or the goods have so deteriorated as no longer
to conform to the contract the buyer may nevertheless demand inspection and at his option
either treat the contract as avoided or accept the goods with due allowance from the contract
price for the deterioration or the deficiency in quantity but without further right against
the seller. (Acts 1965, No. 549, p. 811.)...
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7-2-322
Section 7-2-322 Delivery "ex-ship". (1) Unless otherwise agreed a term for delivery
of goods "ex-ship" (which means from the carrying vessel) or in equivalent language
is not restricted to a particular ship and requires delivery from a ship which has reached
a place at the named port of destination where goods of the kind are usually discharged. (2)
Under such a term unless otherwise agreed: (a) The seller must discharge all liens arising
out of the carriage and furnish the buyer with a direction which puts the carrier under a
duty to deliver the goods; and (b) The risk of loss does not pass to the buyer until the goods
leave the ship's tackle or are otherwise properly unloaded. (Acts 1965, No. 549, p. 811.)...
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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided
with respect to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise
determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503), if the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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7-2-711
Section 7-2-711 Buyer's remedies in general; buyer's security interest in rejected goods. (1)
Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably
revokes acceptance, then with respect to any goods involved, and with respect to the whole
if the breach goes to the whole contract (Section 7-2-612), the buyer may cancel, and whether
or not he has done so may, in addition to recovering so much of the price as has been paid:
(a) "Cover" and have damages under Section 7-2-712 as to all the goods affected
whether or not they have been identified to the contract; or (b) Recover damages for nondelivery
as provided in this article (Section 7-2-713). (2) Where the seller fails to deliver or repudiates
the buyer may also: (a) If the goods have been identified recover them as provided in this
article (Section 7-2-502); or (b) In a proper case obtain specific performance or replevy
the goods as provided in this article (Section 7-2-716). (3) On...
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5-19-12
at seller's risk. Within 10 days after a home solicitation sale has been cancelled or an offer
to purchase revoked, the seller must tender to the buyer any payments made or goods traded
in by the buyer, or the amount equal to the trade-in allowance stated in the agreement, and
any note or other evidence of debt. Within a reasonable time thereafter the buyer, upon demand,
must tender at the buyer's residence to the seller any goods delivered by the seller. If the
seller fails to demand such possession within 20 days after receipt of the notice, the goods
become the property of the buyer without obligation to pay for them. (c) The provisions of
this section shall not apply if the buyer furnishes the seller with a separate dated and signed
personal statement describing an emergency requiring immediate remedy and modifying
or waiving his right to cancel. The use of printed forms for this purpose is prohibited. (Acts
1971, No. 2052, p. 3290, §8; Acts 1996, No. 96-576, p. 887, §2.)...
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7-2-513
Section 7-2-513 Buyer's right to inspection of goods. (1) Unless otherwise agreed and subject
to subsection (3), where goods are tendered or delivered or identified to the contract for
sale, the buyer has a right before payment or acceptance to inspect them at any reasonable
place and time and in any reasonable manner. When the seller is required or authorized to
send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection
must be borne by the buyer but may be recovered from the seller if the goods do not conform
and are rejected. (3) Unless otherwise agreed and subject to the provisions of this article
on C.I.F. contracts (subsection (3) of Section 7-2-321), the buyer is not entitled to inspect
the goods before payment of the price when the contract provides: (a) For delivery "C.O.D."
or on other like terms; or (b) For payment against documents of title, except where such payment
is due only after the goods are to become available for inspection....
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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
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41-16A-5
contract, (ii) in the event the governmental entity shall fail to return the subject property
to the grantor party as described in clause (i), the grantor party shall have the right to
take possession of the subject property, (iii) in taking possession of the subject property,
a grantor party may proceed without judicial process if this can be done without breach of
the peace or may proceed by action, and/or (iv) without removal, the grantor party may render
subject property constituting personal property or fixtures unusable and may dispose
of the same on the governmental entity's premises. (b) If an alternative financing contract
contains the terms contained in subdivision (a)(11) hereof, such alternative financing contract
shall be deemed to obligate the governmental entity thereunder only for those sums payable
during the then current fiscal year of such governmental entity, including in the case of
a renewable alternative financing contract for those sums payable in the...
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