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5-19-8
Section 5-19-8 Assignee of seller subject to claims and defenses of buyer. With respect to
a consumer credit sale, an assignee of the rights of the seller is subject to all claims and
defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement
to the contrary, but the assignee's liability under this section may not exceed the amount
owing to the assignee at the time the claim or defense is asserted against the assignee. Rights
of the buyer under this section can only be asserted as a matter of defense to or setoff against
a claim by the assignee. (Acts 1971, No. 2052, p. 3290, §5; Acts 1996, No. 96-576, p. 887,
§2.)...
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7-2-325
Section 7-2-325 "Letter of credit" term; "confirmed credit." (1) Failure
of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract
for sale. (2) The delivery to seller of a proper letter of credit suspends the buyer's obligation
to pay. If the letter of credit is dishonored, the seller may on seasonable notification to
the buyer require payment directly from him. (3) Unless otherwise agreed the term "letter
of credit" or "banker's credit" in a contract for sale means an irrevocable
credit issued by a financing agency of good repute and, where the shipment is overseas, of
good international repute. The term "confirmed credit" means that the credit must
also carry the direct obligation of such an agency which does business in the seller's financial
market. (Acts 1965, No. 549, p. 811.)...
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7-2-314
Section 7-2-314 Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant with respect to goods
of that kind. Under this section the serving for value of food or drink to be consumed either
on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such
as: (a) Pass without objection in the trade under the contract description; and (b) In the
case of fungible goods, are of fair average quality within the description; and (c) Are fit
for the ordinary purposes for which such goods are used; and (d) Run, within the variations
permitted by the agreement, of even kind, quality and quantity within each unit and among
all units involved; and (e) Are adequately contained, packaged, and labeled as the agreement
may require; and (f) Conform to the promises or affirmations of fact made on...
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7-2A-501
Section 7-2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under
a lease contract is determined by the lease agreement and this article. (2) If the lessor
or the lessee is in default under the lease contract, the party seeking enforcement has rights
and remedies as provided in this article and, except as limited by this article, as provided
in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract,
the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial procedure or nonjudicial procedure,
including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Section 7-1-305(a), or this article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the
lease agreement covers both real property and goods, the party...
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7-9A-703
Section 7-9A-703 Security interest perfected before January 1, 2002. (a) Continuing priority
over lien creditor: Perfection requirements satisfied. A security interest that is enforceable
immediately before January 1, 2002, and would have priority over the rights of a person that
becomes a lien creditor at that time is a perfected security interest under this article if,
on January 1, 2002, the applicable requirements for enforceability and perfection under this
article are satisfied without further action. (b) Continuing priority over lien creditor:
Perfection requirements not satisfied. Except as otherwise provided in Section 7-9A-705, if,
immediately before January 1, 2002, a security interest is enforceable and would have priority
over the rights of a person that becomes a lien creditor at that time, but the applicable
requirements for enforceability or perfection under this article are not satisfied on January
1, 2002, the security interest: (1) is a perfected security interest...
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27-17A-43
Section 27-17A-43 Cancellation of contract; withdrawal from trust fund. (a) Upon cancellation
of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral
cancellation of a preneed contract by the seller by reason of default on the part of the purchaser,
or other valid cancellation by reason of transfers to another seller or otherwise, the seller
may, upon submission of a certification under oath by a responsible officer of the seller
to the trustee, withdraw from the Cemetery Merchandise and Services Trust Fund and retain
an amount equal to the amount of all funds contributed to the trust fund with respect to the
preneed contract. Any trustee accepting preneed contract proceeds under this article may rely
on the seller's certification under oath as required herein to be made, and shall not be liable
to anyone for such reliance. (b) At such time as the seller undertakes to perform its obligations
under a preneed contract by delivery or installation, or...
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7-2-616
Section 7-2-616 Procedure on notice claiming excuse. (1) Where the buyer receives notification
of a material or indefinite delay or an allocation justified under Section 7-2-615, he may
by written notification to the seller as to any delivery concerned, and where the prospective
deficiency substantially impairs the value of the whole contract under the provisions of this
article relating to breach of installment contracts (Section 7-2-612), then also as to the
whole: (a) Terminate and thereby discharge any unexecuted portion of the contract; or (b)
Modify the contract by agreeing to take his available quota in substitution. (2) If after
receipt of such notification from the seller the buyer fails so to modify the contract within
a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries
affected. (3) The provisions of this section may not be negated by agreement except insofar
as the seller has assumed a greater obligation under Section 7-2-615. (Acts...
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8-37-3
Section 8-37-3 (Effective January 1, 2018) GAP waivers authorized; charges; insurance; creditor
requirements. (a) GAP waivers may be offered, sold, or provided to borrowers in this state
under this chapter. (b) GAP waivers, at the option of the creditor that offers the GAP waiver,
may be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to
the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15
U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time
to time, shall be separately stated and is not to be considered a finance charge or interest.
If the charge for a GAP waiver is financed, the charge shall be separately itemized on the
finance agreement. (d) A retail seller shall insure its GAP waiver obligations under a contractual
liability or other insurance policy issued by an insurer. A creditor,...
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5-19-3
Section 5-19-3 Maximum finance charges; contracting for minimum finance charge; alternate per
month computed finance charge. (a) Except under open-end credit plans, the maximum finance
charge for any credit transaction where the original amount financed is less than two thousand
dollars ($2,000), may equal but may not exceed the total of the following: (1) Fifteen dollars
($15) per one hundred dollars ($100) per year for the first seven hundred fifty dollars ($750)
of the original amount financed; and (2) Ten dollars ($10) per one hundred dollars ($100)
per year for that portion of the original amount financed exceeding seven hundred fifty dollars
($750) and less than two thousand dollars ($2,000). The maximum finance charge under this
subsection shall be determined by computing the maximum rates authorized by this subsection
on the original amount financed for the full term of the contract without regard to scheduled
payments and the maximum finance charge so determined, or any lesser...
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11-42-88
Section 11-42-88 Provisions of article deemed contract between city and persons, etc., in territory
exempt from taxation; conferral of other rights and powers as to exempt territory upon city;
right of persons residing in exempt territory to enforce article against city. (a) The provisions
of this article shall be held to be a contract by and between the city and persons or corporations
owning property in the territory exempt from taxation under the provisions of this article
and no amendment hereof or subsequent law shall confer upon the city other or different rights
and powers as to such territory as is exempt from taxation so long as such territory remains
exempt from taxation under the provisions of this article. (b) Any person residing in or owning
property in the territory exempt from taxation under the provisions of this article shall
have the right in any court having jurisdiction to prevent the city from exercising any other
or different powers in the territory exempt from...
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