(810 ILCS 5/Art. 2 Pt. 1 heading) PART 1.
SHORT TITLE, GENERAL
CONSTRUCTION AND SUBJECT MATTER
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(810 ILCS 5/2-101) (from Ch. 26, par. 2-101)
Sec. 2-101.
Short title.
This Article shall be known and may be cited as Uniform Commercial
Code--Sales.
(Source: Laws 1961, p. 2101 .)
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(810 ILCS 5/2-102) (from Ch. 26, par. 2-102)
Sec. 2-102.
Scope; certain security and other transactions excluded from this article.
Unless the context otherwise requires, this Article applies to
transactions in goods; it does not apply to any transaction which although
in the form of an unconditional contract to sell or present sale is
intended to operate only as a security transaction nor does this Article
impair or repeal any statute regulating sales to consumers, farmers or
other specified classes of buyers.
(Source: Laws 1961, p. 2101 .)
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(810 ILCS 5/2-103) (from Ch. 26, par. 2-103)
Sec. 2-103. Definitions and index of definitions.
(1) In this Article unless the context otherwise requires
(a) "Buyer" means a person who buys or contracts to | ||
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(b) "Good faith" in the case of a merchant means | ||
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(c) "Receipt" of goods means taking physical | ||
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(d) "Seller" means a person who sells or contracts to | ||
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(2) Other definitions applying to this Article or to specified Parts
thereof, and the sections in which they appear are:
"Acceptance". Section 2-606.
"Banker's credit". Section 2-325.
"Between merchants". Section 2-104.
"Cancellation". Section 2-106(4).
"Commercial unit". Section 2-105.
"Confirmed credit". Section 2-325.
"Conforming to contract". Section 2-106.
"Contract for sale". Section 2-106.
"Cover". Section 2-712.
"Entrusting". Section 2-403.
"Financing agency". Section 2-104.
"Future goods". Section 2-105.
"Goods". Section 2-105.
"Identification". Section 2-501.
"Installment contract". Section 2-612.
"Letter of Credit". Section 2-325.
"Lot". Section 2-105.
"Merchant". Section 2-104.
"Overseas". Section 2-323.
"Person in position of seller". Section 2-707.
"Present sale". Section 2-106.
"Sale". Section 2-106.
"Sale on approval". Section 2-326.
"Sale or return". Section 2-326.
"Termination". Section 2-106.
(3) "Control" as provided in Section 7-106 and the
following definitions in other Articles apply to this Article:
"Check". Section 3-104.
"Consignee". Section 7-102.
"Consignor". Section 7-102.
"Consumer goods". Section 9-102.
"Dishonor". Section 3-502.
"Draft". Section 3-104.
(4) In addition Article 1 contains general definitions and principles of
construction and interpretation applicable throughout this Article.
(Source: P.A. 95-895, eff. 1-1-09 .)
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(810 ILCS 5/2-104) (from Ch. 26, par. 2-104)
Sec. 2-104. Definitions. "merchant"; "between merchants"; "financing agency".
(1) "Merchant" means a person who deals in goods of the kind or
otherwise by his occupation holds himself out as having knowledge or skill
peculiar to the practices or goods involved in the transaction or to whom
such knowledge or skill may be attributed by his employment of an agent or
broker or other intermediary who by his occupation holds himself out as
having such knowledge or skill.
(2) "Financing agency" means a bank, finance company or other person who
in the ordinary course of business makes advances against goods or
documents of title or who by arrangement with either the seller or the
buyer intervenes in ordinary course to make or collect payment due or
claimed under the contract for sale, as by purchasing or paying the
seller's draft or making advances against it or by merely taking it for
collection whether or not documents of title accompany or are associated with the draft.
"Financing agency" includes also a bank or other person who similarly
intervenes between persons who are in the position of seller and buyer in
respect to the goods (Section 2-707).
(3) "Between merchants" means in any transaction with respect to which
both parties are chargeable with the knowledge or skill of merchants.
(Source: P.A. 95-895, eff. 1-1-09 .)
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(810 ILCS 5/2-105) (from Ch. 26, par. 2-105)
Sec. 2-105.
Definitions:
transferability; "goods"; "future" goods; "lot"; "commercial
unit".
(1) "Goods" means all things, including specially manufactured goods,
which are movable at the time of identification to the contract for sale
other than the money in which the price is to be paid, investment
securities (Article 8) and things in action. "Goods" also includes the
unborn young of animals and growing crops and other identified things
attached to realty as described in the section on goods to be severed from
realty (Section 2-107).
(2) Goods must be both existing and identified before any interest in
them can pass. Goods which are not both existing and identified are
"future" goods. A purported present sale of future goods or of any interest
therein operates as a contract to sell.
(3) There may be a sale of a part interest in existing identified goods.
(4) An undivided share in an identified bulk of fungible goods is
sufficiently identified to be sold although the quantity of the bulk is not
determined. Any agreed proportion of such a bulk or any quantity thereof
agreed upon by number, weight or other measure may to the extent of the
seller's interest in the bulk be sold to the buyer who then becomes an
owner in common.
(5) "Lot" means a parcel or a single article which is the subject matter
of a separate sale or delivery, whether or not it is sufficient to perform
the contract.
(6) "Commercial unit" means such a unit of goods as by commercial usage
is a single whole for purposes of sale and division of which materially
impairs its character or value on the market or in use. A commercial unit
may be a single article (as a machine) or a set of articles (as a suite of
furniture or an assortment of sizes) or a quantity (as a bale, gross, or
carload) or any other unit treated in use or in the relevant market as a
single whole.
(Source: Laws 1961, p. 2101 .)
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(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 .)
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(810 ILCS 5/2-107) (from Ch. 26, par. 2-107)
Sec. 2-107.
Goods to Be Severed From Realty: Recording.
(1) A contract for the sale of minerals or the like (including oil and
gas) or a structure or its materials to be removed from realty is a
contract for the sale of goods within this Article if they are to be
severed by the seller but until severance a purported present sale thereof
which is not effective as a transfer of an interest in land is effective
only as a contract to sell.
(2) A contract for the sale apart from the land of growing crops or
other things attached to realty and capable of severance without material
harm thereto but not described in subsection (1) or of timber to be cut is
a contract for the sale of goods within this Article whether the subject
matter is to be severed by the buyer or by the seller even though it forms
part of the realty at the time of contracting, and the parties can by
identification effect a present sale before severance.
(3) The provisions of this Section are subject to any third party rights
provided by the law relating to realty records, and the contract for sale
may be executed and recorded as a document transferring an interest in land
and shall then constitute notice to third parties of the buyer's rights
under the contract for sale.
(Source: P.A. 77-2810.)
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