Section 57A-1-302 – Variation by agreement.
57A-1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine […]
Section 57A-1-104 – Construction against implied repeal.
57A-1-104. Construction against implied repeal. This title being a general act intended as a unified coverage of its subject matter, no part of it may be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. Source: SL 2008, ch 259, §4.
Section 57A-1-105 – Severability.
57A-1-105. Severability. If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. […]
Section 57A-1-106 – Use of singular and plural–Gender.
57A-1-106. Use of singular and plural–Gender. In this title, 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. Source: SL 2008, ch 259, §6.
Section 57A-1-107 – Section captions.
57A-1-107. Section captions. Section captions are part of this title. Source: SL 2008, ch 259, §7.
Section 57A-1-108 – Relation to Electronic Signatures in Global and National Commerce Act.
57A-1-108.Relation to Electronic Signatures in Global and National Commerce Act. This chapter 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 chapter modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of […]
Section 57A-1-201 – General definitions.
57A-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 chapters of this title that apply to particular chapters or parts thereof, have the meanings stated. (b) Subject to definitions contained in other chapters of this title that apply to particular […]
Section 57A-1-202 – Notice–Knowledge.
57A-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 it exists. (b) “Knowledge” […]
Section 57A-1-203 – Lease distinguished from security interest.
57A-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 […]
Section 57A-1-204 – Value.
57A-1-204. Value. Except as otherwise provided in chapters 57A-3, 57A-4, and 57A-5, 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 upon and whether or not a charge-back is provided for in […]