Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

810 ILCS 5/2-106

(810 ILCS 5/2-106) (from Ch. 26, par. 2-106)

Sec. 2-106.

Definitions.

"contract"; "agreement"; "contract for sale"; "sale"; "present
sale"; "conforming" to contract; "termination"; "cancellation".

(1) In this Article 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 2-401). A
"present sale" means a sale which is accomplished by the making of the
contract.

(2) 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.

(3) "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.

(4) "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.

(Source: Laws 1961, 1st SS., p. 7.)