84-1-101. Short titles. (a) This act may be cited as the uniform commercial code. (b) This article may be cited as uniform commercial code — general provisions. History: L. 2007, ch. 89, § 1; July 1, 2008. Revisor’s Note: Former section 84-1-101 was repealed by L. 2007, ch. 89, § 49 and the number reassigned […]
84-1-105. Severability. If any provision or clause of the uniform commercial code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the uniform commercial code which can be given effect without the invalid provision or application, and to this end the provisions of […]
84-1-106. Use of singular and plural; gender. In the uniform commercial code, unless the statutory context otherwise requires: (1) Words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. History: L. 2007, ch. 89, § 6; July […]
84-1-107. Section captions. Section captions are part of the uniform commercial code. History: L. 2007, ch. 89, § 7; July 1, 2008. Revisor’s Note: Former section 84-1-107 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
84-1-108. Relation to electronic signatures in global and national commerce act. This article modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of […]
84-1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of the uniform commercial code that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of the uniform commercial code […]
84-1-202. Notice; knowledge. (a) Subject to subsection (f), a person has “notice” of a fact if the person: (1) Has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know that […]
84-1-203. Lease distinguished from security interest. (a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case. (b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for […]
84-1-204. Value. Except as otherwise provided in articles 3 and 4 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, a person gives value for rights if the person acquires them: (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn […]
84-1-205. Reasonable time; seasonableness. (a) Whether a time for taking an action required by the uniform commercial code is reasonable depends on the nature, purpose, and circumstances of the action. (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within […]
84-1-206. Presumptions. Whenever the uniform commercial code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. History: L. 2007, ch. 89, § 14; July 1, […]
84-1-301. Territorial applicability; parties’ power to choose applicable law. (a) Except as otherwise provided in this section, when a transaction bears reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights […]
84-1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in the uniform commercial code, the effect of provisions of the uniform commercial code may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by the uniform commercial code may not be disclaimed by agreement. […]
84-1-303. Course of performance, course of dealing, and usage of trade. (a) A “course of performance” is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) the other party, […]
84-1-304. Obligation of good faith. Every contract or duty within the uniform commercial code imposes an obligation of good faith in its performance and enforcement. History: L. 2007, ch. 89, § 18; July 1, 2008.
84-1-305. Remedies to be liberally administered. (a) The remedies provided by the uniform commercial code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except […]
84-1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record. History: L. 2007, ch. 89, § 20; July 1, 2008.
84-1-307. Prima facie evidence by third-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own […]
84-1-308. Performance or acceptance under reservation of rights. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient. (b) […]
84-1-309. Option to accelerate at will. A term providing that one party or that party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure,” or words of similar import, means that the party has power to do so only if that […]
