7-2-715
Section 7-2-715 Buyer's incidental and consequential damages. (1) Incidental damages resulting
from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation
and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses
or commissions in connection with effecting cover and any other reasonable expense incident
to the delay or other breach. (2) Consequential damages resulting from the seller's breach
include: (a) Any loss resulting from general or particular requirements and needs of which
the seller at the time of contracting had reason to know and which could not reasonably be
prevented by cover or otherwise; and (b) Injury to person or property proximately resulting
from any breach of warranty. (Acts 1965, No. 549, p. 811.)...
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7-2-315
Section 7-2-315 Implied warranty: Fitness for particular purpose. Where the seller at the time
of contracting has reason to know any particular purpose for which the goods are required
and that the buyer is relying on the seller's skill or judgment to select or furnish suitable
goods, there is unless excluded or modified under Section 7-2-316 an implied warranty that
the goods shall be fit for such purpose. (Acts 1965, No. 549, p. 811.)...
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7-2-512
Section 7-2-512 Payment by buyer before inspection. (1) Where the contract requires payment
before inspection nonconformity of the goods does not excuse the buyer from so making payment
unless: (a) The nonconformity appears without inspection; or (b) Despite tender of the required
documents the circumstances would justify injunction against honor under this title (Section
7-5-109(b)). (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods
or impair the buyer's right to inspect or any of his remedies. (Acts 1965, No. 549, p. 811;
Acts 1997, No. 97-702, p. 1427, §2.)...
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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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5-19-5
Section 5-19-5 Acceptance of negotiable instruments as evidence of consumer debt. In a consumer
credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable
instrument other than (1) a check; or (2) a promise or order containing a statement, required
by applicable statutory or administrative law, to the effect that the rights of a holder or
transferee are subject to claims or defenses that the issuer could assert against the original
payee. A holder is not a holder in due course if the holder takes a negotiable instrument
with notice that it is issued in violation of this section. A holder in due course is not
subject to the liabilities prescribed in this chapter. (Acts 1971, No. 2052, p. 3290, §4;
Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-576, p. 887, §2.)...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
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7-2A-305
Section 7-2A-305 Sale or sublease of goods by lessee. (1) Subject to the provisions of Section
7-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains,
to the extent of the interest transferred, the leasehold interest in the goods that the lessee
had or had power to transfer, and except as provided in subsection (2) and Section 7-2A-511(4),
takes subject to the existing lease contract. A lessee with a voidable leasehold interest
has power to transfer a good leasehold interest to a good faith buyer for value or a good
faith sublessee for value, but only to the extent set forth in the preceding sentence. When
goods have been delivered under a transaction of lease the lessee has that power even though:
(a) the lessor was deceived as to the identity of the lessee; (b) the delivery was in exchange
for a check which is later dishonored; or (c) the delivery was procured through fraud punishable
as larcenous under the criminal law. (2) A buyer in the...
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7-3-418
Section 7-3-418 Payment or acceptance by mistake. (a) Except as provided in subsection (c),
if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief
that (i) payment of the draft had not been stopped pursuant to Section 7-4-403 or (ii) the
signature of the drawer of the draft was authorized, the drawee may recover the amount of
the draft from the person to whom or for whose benefit payment was made or, in the case of
acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not
affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake
and the case is not covered by subsection (a), the person paying or accepting may, to the
extent permitted by the law governing mistake and restitution, (i) recover the payment from
the person to whom or for whose benefit payment was made or (ii) in the case of...
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller
or person engaged in making retail sales of tangible personal property for storage,
use, or other consumption in this state, who alternatively: (1) Maintains, occupies, or uses,
permanently or temporarily, directly or indirectly, or through a subsidiary, or agent by whatever
name called, an office, place of distribution, sales, or sample room or place, warehouse or
storage place, or other place of business; (2) Qualifies to do business or registers with
the state to collect the tax levied by this chapter; (3) Employs or retains under contract
any representative, agent, salesman, canvasser, solicitor, or installer operating in...
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7-2-306
Section 7-2-306 Output, requirements, and exclusive dealings. (1) A term which measures the
quantity by the output of the seller or the requirements of the buyer means such actual output
or requirements as may occur in good faith, except that no quantity unreasonably disproportionate
to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable
prior output or requirements may be tendered or demanded. (2) A lawful agreement by either
the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless
otherwise agreed an obligation by the seller to use best efforts to supply the goods and by
the buyer to use best efforts to promote their sale. (Acts 1965, No. 549, p. 811.)...
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