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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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7-8-314
Section 7-8-314 (Effective Until January 1, 1997) Duty to deliver, when completed. (1) Unless
otherwise agreed where a sale of a security is made on an exchange or otherwise through brokers:
(a) The selling customer fulfills his duty to deliver when he places such a security in the
possession of the selling broker or of a person designated by the broker or if requested causes
an acknowledgment to be made to the selling broker that it is held for him; and (b) The selling
broker including a correspondent broker acting for a selling customer fulfills his duty to
deliver by placing the security or a like security in the possession of the buying broker
or a person designated by him or by effecting clearance of the sale in accordance with the
rules of the exchange on which the transaction took place. (2) Except as otherwise provided
in this section and unless otherwise agreed, a transferor's duty to deliver a security under
a contract of purchase is not fulfilled until he places the security...
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7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
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8-1-190
Section 8-1-190 Void contracts; contracts allowed to preserve protectable interests. (a) Every
contract by which anyone is restrained from exercising a lawful profession, trade, or business
of any kind otherwise than is provided by this section is to that extent void. (b) Except
as otherwise prohibited by law, the following contracts are allowed to preserve a protectable
interest: (1) A contract between two or more persons or businesses or a person and a business
limiting their ability to hire or employ the agent, servant, or employees of a party to the
contract where the agent, servant, or employee holds a position uniquely essential to the
management, organization, or service of the business. (2) An agreement between two or more
persons or businesses or a person and a business to limit commercial dealings to each other.
(3) One who sells the good will of a business may agree with the buyer to refrain from carrying
on or engaging in a similar business and from soliciting customers of...
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8-8-12
Section 8-8-12 Enforcement of usurious contracts. (a) Except as otherwise permitted by law,
all contracts for the payment of interest upon the loan or forbearance of goods, money, things
in action, or upon any contract whatever at a higher rate than is prescribed in this chapter
are usurious and cannot be enforced except as to the principal. (b) The borrower of money
at a usurious rate of interest shall not in any case be required to pay more than the principal
sum borrowed, and if any interest has been paid, the same must be deducted from the principal
and judgment entered for the balance only; provided, however, that the defense of usury may
not be pleaded against a holder in due course of any negotiable instrument. (Code 1852, §1523;
Code 1867, §1831; Code 1876, §2092; Code 1886, §1754; Code 1896, §2630; Code 1907, §4623;
Code 1923, §8567; Acts 1931, No. 650, p. 783; Code 1940, T. 9, §65.)...
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7-2-305
Section 7-2-305 Open price term. (1) The parties if they so intend can conclude a contract
for sale even though the price is not settled. In such a case the price is a reasonable price
at the time for delivery if: (a) Nothing is said as to price; or (b) The price is left to
be agreed by the parties and they fail to agree; or (c) The price is to be fixed in terms
of some agreed market or other standard as set or recorded by a third person or agency and
it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer means
a price for him to fix in good faith. (3) When a price left to be fixed otherwise than by
agreement of the parties fails to be fixed through fault of one party, the other may at his
option treat the contract as cancelled or himself fix a reasonable price. (4) Where, however,
the parties intend not to be bound unless the price be fixed or agreed and it is not fixed
or agreed there is no contract. In such a case the buyer must return any goods already...
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7-2-614
Section 7-2-614 Substituted performance. (1) Where without fault of either party the agreed
berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable
or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially
reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental
regulation, the seller may withhold or stop delivery unless the buyer provides a means or
manner of payment which is commercially a substantial equivalent. If delivery has already
been taken, payment by the means or in the manner provided by the regulation discharges the
buyer's obligation unless the regulation is discriminatory, oppressive or predatory. (Acts
1965, No. 549, p. 811.)...
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7-2A-528
Section 7-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other
default. (1) 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 a lessor elects to retain the goods or a lessor elects
to dispose of the goods and the disposition is by lease agreement that for any reason does
not qualify for treatment under Section 7-2A-527(2), or is by sale or otherwise, the lessor
may recover from the lessee as damages for a default of the type described in Section 7-2A-523(1)
or 7-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid
rent as of the date of default if the lessee has never taken possession of the goods, or,
if the lessee has taken possession of the goods, as of the date the lessor repossesses the
goods or an earlier date on which the lessee makes a tender of the goods to the...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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5-19A-10
Section 5-19A-10 Liens for pawnbrokers; pledged goods not redeemed on or before maturity date
fixed in ticket. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money
advanced and the pawnshop charge owed, but not for other debts due to the pawnbroker, subject
to the rights of other persons who have an ownership interest or prior liens in the pledged
goods. The pawnbroker shall retain possession of the pledged goods except as otherwise herein
provided until the lien is satisfied. (b) Pledged goods not redeemed on or before the maturity
date if fixed and set out in the pawn ticket issued in connection with any transaction shall
be held by the pawnbroker for 30 days following that date and may be redeemed or repurchased
by the pledgor or seller within the period by the payment of the originally agreed redemption
price, and by the payment of an additional pawnshop charge equal to the original pawnshop
charge. (Acts 1992, No. 92-597, p. 1227, §10.)...
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