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Part 1. General Provisions
28-2-101. Contract defined - 28-2-101. Contract defined. A contract is an agreement to do...
28-2-102. Essential elements of a contract - 28-2-102. Essential elements of a contract. It is essential to...
28-2-103. Express versus implied contracts - 28-2-103. Express versus implied contracts. A contract is either express...
28-2-104. Executed versus executory contracts - 28-2-104. Executed versus executory contracts. An executed contract is one...
Part 2. Parties
28-2-201. Who may contract - 28-2-201. Who may contract. All persons are capable of contracting...
28-2-202. Contracts of persons entirely without understanding - 28-2-202. Contracts of persons entirely without understanding. A person entirely...
28-2-203. Contracts of persons with limited understanding - 28-2-203. Contracts of persons with limited understanding. A conveyance or...
28-2-204. When person of unsound mind cannot disaffirm contract - 28-2-204. When person of unsound mind cannot disaffirm contract. A...
28-2-205. When contract for benefit of third person may be enforced by third person - 28-2-205. When contract for benefit of third person may be...
28-2-206. Assignment of nonnegotiable written contract - 28-2-206. Assignment of nonnegotiable written contract. A nonnegotiable written contract...
Part 3. Consent in General
28-2-301. Essential characteristics of consent - 28-2-301. Essential characteristics of consent. The consent of the parties...
28-2-302. Effect of consent which is not free - 28-2-302. Effect of consent which is not free. A consent...
28-2-303. When consent is mutual - 28-2-303. When consent is mutual. Consent is not mutual unless...
28-2-304. Ratification of contract void for want of consent - 28-2-304. Ratification of contract void for want of consent. A...
Part 4. Circumstances Which Affect Validity of Apparent Consent
28-2-401. When apparent consent not free - 28-2-401. When apparent consent not free. (1) An apparent consent...
28-2-402. What constitutes duress - 28-2-402. What constitutes duress. Duress consists in: (1) unlawful confinement...
28-2-403. What constitutes menace - 28-2-403. What constitutes menace. Menace consists in a threat of:...
28-2-404. Kinds of fraud - 28-2-404. Kinds of fraud. Fraud is either actual or constructive....
28-2-405. What constitutes actual fraud - 28-2-405. What constitutes actual fraud. Actual fraud, within the meaning...
28-2-406. What constitutes constructive fraud - 28-2-406. What constitutes constructive fraud. Constructive fraud consists of: (1)...
28-2-407. What constitutes undue influence - 28-2-407. What constitutes undue influence. Undue influence consists of: (1)...
28-2-408. Kinds of mistake - 28-2-408. Kinds of mistake. Mistake may be either of fact...
28-2-409. What constitutes mistake of fact - 28-2-409. What constitutes mistake of fact. Mistake of fact is...
28-2-410. What constitutes mistake of law - 28-2-410. What constitutes mistake of law. Mistake of law constitutes...
28-2-411. Mistake of foreign laws -- mistake of fact - 28-2-411. Mistake of foreign laws -- mistake of fact. Mistake...
Part 5. Communication of Consent -- Revocation of Proposal
28-2-501. How consent is communicated - 28-2-501. How consent is communicated. (1) Consent can be communicated...
28-2-502. When consent is considered fully communicated - 28-2-502. When consent is considered fully communicated. Consent is considered...
28-2-503. Implied acceptance - 28-2-503. Implied acceptance. (1) Performance of the conditions of a...
28-2-504. Acceptance to be absolute - 28-2-504. Acceptance to be absolute. An acceptance must be absolute...
28-2-505. through 28-2-510 reserved - 28-2-505 through 28-2-510 reserved.
28-2-511. When proposal may be revoked - 28-2-511. When proposal may be revoked. A proposal may be...
28-2-512. How proposal revoked - 28-2-512. How proposal revoked. A proposal is revoked by: (1)...
Part 6. Object of a Contract
28-2-601. Object of contract defined - 28-2-601. Object of contract defined. The object of a contract...
28-2-602. Essential characteristics of object - 28-2-602. Essential characteristics of object. The object of the contract...
28-2-603. When contract wholly void - 28-2-603. When contract wholly void. Where a contract has but...
28-2-604. When contract partially void - 28-2-604. When contract partially void. Where a contract has several...
Part 7. Illegal Objects and Provisions
28-2-701. What is unlawful - 28-2-701. What is unlawful. That is not lawful which is:...
28-2-702. Contracts that violate policy of law -- exemption from responsibility -- exception - 28-2-702. Contracts that violate policy of law -- exemption from...
28-2-703. Contracts in restraint of trade generally void - 28-2-703. Contracts in restraint of trade generally void. Any contract...
28-2-704. Exception -- sale of goodwill of business - 28-2-704. Exception -- sale of goodwill of business. (1) A...
28-2-705. Exception -- dissolution of partnership - 28-2-705. Exception -- dissolution of partnership. Partners may, upon dissolution...
28-2-706. Contracts in restraint of marriage generally void - 28-2-706. Contracts in restraint of marriage generally void. Every contract...
28-2-707. What conditions void - 28-2-707. What conditions void. A condition in a contract the...
28-2-708. Restraints upon legal proceedings void - 28-2-708. Restraints upon legal proceedings void. Every stipulation or condition...
28-2-709. Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default - 28-2-709. Illegality of agreement to allow another person to confess...
28-2-710. through 28-2-720 reserved - 28-2-710 through 28-2-720 reserved.
28-2-721. When provision fixing liquidated damages valid - 28-2-721. When provision fixing liquidated damages valid. (1) Every contract...
28-2-722. Repealed - 28-2-722. Repealed. Sec. 1, Ch. 166, L. 2005. History: En....
28-2-723. Construction contracts requiring lien or bond waiver void - 28-2-723. Construction contracts requiring lien or bond waiver void. A...
Part 8. Consideration
28-2-801. What constitutes good consideration - 28-2-801. What constitutes good consideration. Any benefit conferred or agreed...
28-2-802. Extent to which existing legal or moral obligation is good consideration - 28-2-802. Extent to which existing legal or moral obligation is...
28-2-803. Consideration to be lawful -- effect of illegality - 28-2-803. Consideration to be lawful -- effect of illegality. The...
28-2-804. Written instrument presumptive evidence of consideration - 28-2-804. Written instrument presumptive evidence of consideration. A written instrument...
28-2-805. Burden of proof of want of consideration - 28-2-805. Burden of proof of want of consideration. The burden...
28-2-806. through 28-2-810 reserved - 28-2-806 through 28-2-810 reserved.
28-2-811. Applicability of rules concerning object to executory consideration - 28-2-811. Applicability of rules concerning object to executory consideration. A...
28-2-812. How amount of executory consideration may be determined - 28-2-812. How amount of executory consideration may be determined. When...
28-2-813. Determination by interested party - 28-2-813. Determination by interested party. When a contract does not...
28-2-814. Effect of impossibility of designated exclusive method of determination - 28-2-814. Effect of impossibility of designated exclusive method of determination....
Part 9. Written Contracts
28-2-901. When contracts may be oral - 28-2-901. When contracts may be oral. All contracts may be...
28-2-902. Enforcement of contract not in writing through fraud - 28-2-902. Enforcement of contract not in writing through fraud. Where...
28-2-903. What contracts must be in writing - 28-2-903. What contracts must be in writing. (1) The following...
28-2-904. Effect of written contract on oral agreements - 28-2-904. Effect of written contract on oral agreements. The execution...
28-2-905. When extrinsic evidence concerning a written agreement may be considered - 28-2-905. When extrinsic evidence concerning a written agreement may be...
28-2-906. When written contract takes effect - 28-2-906. When written contract takes effect. A contract in writing...
28-2-907. Applicability of rules concerning transfers in general - 28-2-907. Applicability of rules concerning transfers in general. The provisions...
Part 15. Enforcement of Contracts
28-2-1501. When successive actions on same contract permitted - 28-2-1501. When successive actions on same contract permitted. Successive actions...
Part 16. Modification of Contracts
28-2-1601. Alteration of oral contract by parties - 28-2-1601. Alteration of oral contract by parties. A contract not...
28-2-1602. How written contract may be altered by parties - 28-2-1602. How written contract may be altered by parties. A...
28-2-1603. through 28-2-1610 reserved - 28-2-1603 through 28-2-1610 reserved.
28-2-1611. When written contract may be revised by court - 28-2-1611. When written contract may be revised by court. When,...
28-2-1612. Presumption that parties intended equitable agreement - 28-2-1612. Presumption that parties intended equitable agreement. For the purpose...
28-2-1613. Scope of court's inquiry - 28-2-1613. Scope of court's inquiry. In revising a written instrument,...
28-2-1614. Specific enforcement of revised contract - 28-2-1614. Specific enforcement of revised contract. A contract may be...
Part 17. Extinction of Contracts -- Rescission
28-2-1701. How contract extinguished - 28-2-1701. How contract extinguished. (1) A contract may be extinguished...
28-2-1702. Extinction of written contract by destruction or cancellation - 28-2-1702. Extinction of written contract by destruction or cancellation. The...
28-2-1703. Extinction of executory obligations of contract by destruction, cancellation, or alteration - 28-2-1703. Extinction of executory obligations of contract by destruction, cancellation,...
28-2-1704. through 28-2-1710 reserved - 28-2-1704 through 28-2-1710 reserved.
28-2-1711. When party may rescind - 28-2-1711. When party may rescind. A party to a contract...
28-2-1712. When stipulation against rescission ineffective - 28-2-1712. When stipulation against rescission ineffective. A stipulation that errors...
28-2-1713. How rescission accomplished - 28-2-1713. How rescission accomplished. Rescission, when not effected by consent,...
28-2-1714. When rescission may be adjudged - 28-2-1714. When rescission may be adjudged. The rescission of a...
28-2-1715. When rescission may be adjudged for mistake - 28-2-1715. When rescission may be adjudged for mistake. Rescission cannot...
28-2-1716. Power of court to require party rescinding to do equity - 28-2-1716. Power of court to require party rescinding to do...
Part 21. Payment of Construction Contractors and Subcontractors
28-2-2101. Definitions - 28-2-2101. Definitions. As used in this part, unless the context...
28-2-2102. Performance entitles contractor or subcontractor to payment - 28-2-2102. Performance entitles contractor or subcontractor to payment. (1) Performance...
28-2-2103. Payment to contractor and subcontractor - 28-2-2103. Payment to contractor and subcontractor. (1) (a) Except as...
28-2-2104. Obligations upon delay of payment - 28-2-2104. Obligations upon delay of payment. (1) If a periodic...
28-2-2105. Prevailing party entitled to costs and attorney fees - 28-2-2105. Prevailing party entitled to costs and attorney fees. In...
28-2-2106. Remedies not exclusive - 28-2-2106. Remedies not exclusive. The remedies provided by this part...
28-2-2107. Exception for certain residential dwellings - 28-2-2107. Exception for certain residential dwellings. The provisions of this...
28-2-2108. and 28-2-2109 reserved - 28-2-2108 and 28-2-2109 reserved.
28-2-2110. Limit on retainage - 28-2-2110. Limit on retainage. (1) The maximum retainage applied to...
28-2-2111. Construction contract indemnification provisions - 28-2-2111. Construction contract indemnification provisions. (1) Except as provided in...
28-2-2112. through 28-2-2114 reserved - 28-2-2112 through 28-2-2114 reserved.
28-2-2115. Alternative billing cycle - 28-2-2115. Alternative billing cycle. (1) A construction contract may provide...
28-2-2116. Construction contracts -- void provisions - 28-2-2116. Construction contracts -- void provisions. (1) A provision, covenant,...
28-2-2117. Suspension of performance -- termination - 28-2-2117. Suspension of performance -- termination. (1) (a) A contractor...
Part 22. Residential Construction -- Disclosure and Warranty Requirements
28-2-2201. Residential construction contracts -- disclosure and warranty requirements - 28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1)...
28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences - 28-2-2202. Disclosure and warranty requirements for sales of newly constructed...