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§ 2106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “con...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial Code

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 2. Sales (Refs & Annos)
Chapter 21. Short Title, General Construction and Subject Matter (Refs & Annos)
13 Pa.C.S.A. § 2106
§ 2106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”
(a) “Contract”, “agreement”, “sale”.--In this division unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods. “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing of title from the seller to the buyer for a price (section 2401). A “present sale” means a sale which is accomplished by the making of the contract.
(b) “Conforming” to contract.--Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.
(c) “Termination”.--“Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On “termination” all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(d) “Cancellation”.--“Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.

Credits

1979, Nov. 1, P.L. 255, No. 86, § 1, effective Jan. 1, 1980.
13 Pa.C.S.A. § 2106, PA ST 13 Pa.C.S.A. § 2106
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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