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Chapter 01 - Definitions And General Provisions
Section 53-1-1 - Contract defined. - 53-1-1. Contract defined. A contract is an agreement to do...
Section 53-1-2 - Essential elements of contract. - 53-1-2. Essential elements of contract. Elements essential to existence of...
Section 53-1-3 - Contracts, express or implied--Express contract defined--Implied contract defined. - 53-1-3. Contracts, express or implied--Express contract defined--Implied contract defined. A...
Section 53-1-4 - Law and usage of place of performance, application to contracts. - 53-1-4. Law and usage of place of performance, application to...
Chapter 02 - Parties To Contracts
Section 53-2-1 - Persons capable of contracting. - 53-2-1. Persons capable of contracting. All persons are capable of...
Section 53-2-2 - Minors and persons of unsound mind--Capacity to contract. - 53-2-2. Minors and persons of unsound mind--Capacity to contract. Minors...
Section 53-2-3 - Identification of parties necessary to validity. - 53-2-3. Identification of parties necessary to validity. If the parties...
Section 53-2-4 - Joint and several contracts. - 53-2-4. Joint and several contracts. Where all the parties who...
Section 53-2-5 - Promise in singular number--Execution by several persons. - 53-2-5. Promise in singular number--Execution by several persons. A promise...
Section 53-2-6 - Contract for benefit of third person--Enforcement by beneficiary, limitation of time. - 53-2-6. Contract for benefit of third person--Enforcement by beneficiary, limitation...
Chapter 03 - Consent To Contracts
Section 53-3-1 - Essentials of consent. - 53-3-1. Essentials of consent. Consent of the parties to a...
Section 53-3-2 - Absence of free consent--Contract voidable--Rescission. - 53-3-2. Absence of free consent--Contract voidable--Rescission. Consent which is not...
Section 53-3-3 - Mutuality of consent. - 53-3-3. Mutuality of consent. Consent is not mutual unless the...
Section 53-3-4 - Ratification of voidable contract for want of consent. - 53-3-4. Ratification of voidable contract for want of consent. A...
Section 53-3-5 - Assumption of obligation by acceptance of benefits. - 53-3-5. Assumption of obligation by acceptance of benefits. A voluntary...
Chapter 04 - Duress, Fraud, Undue Influence And Mistake
Section 53-4-1 - Apparent consent voidable--Grounds. - 53-4-1. Apparent consent voidable--Grounds. An apparent consent is not real...
Section 53-4-2 - Consent deemed voidable--Grounds. - 53-4-2. Consent deemed voidable--Grounds. Consent is deemed to have been...
Section 53-4-3 - Duress defined. - 53-4-3. Duress defined. Duress consists in: (1)Actual or threatened unlawful...
Section 53-4-4 - Fraud, actual or constructive. - 53-4-4. Fraud, actual or constructive. Fraud is either actual or...
Section 53-4-5 - Actual fraud, acts constituting, question of fact. - 53-4-5. Actual fraud, acts constituting, question of fact. Actual fraud...
Section 53-4-6 - Constructive fraud, acts constituting. - 53-4-6. Constructive fraud, acts constituting. Constructive fraud consists: (1)In any...
Section 53-4-7 - Undue influence, acts constituting. - 53-4-7. Undue influence, acts constituting. Undue influence consists: (1)In the...
Section 53-4-8 - Mistake, classification. - 53-4-8. Mistake, classification. Mistake may be either of fact or...
Section 53-4-9 - Mistake of fact defined. - 53-4-9. Mistake of fact defined. Mistake of fact is a...
Section 53-4-10 - Mistake of law defined. - 53-4-10. Mistake of law defined. A mistake of law in...
Section 53-4-11 - Mistake of foreign law--Mistake of fact. - 53-4-11. Mistake of foreign law--Mistake of fact. Mistake of foreign...
Section 53-4-12 - Provision that contract not avoided by errors in description--Right to rescind for fraud or mistake. - 53-4-12. Provision that contract not avoided by errors in description--Right...
Chapter 05 - Objects Of Contracts
Section 53-5-1 - Object of contract defined. - 53-5-1. Object of contract defined. The object of a contract...
Section 53-5-2 - Requisites of object. - 53-5-2. Requisites of object. The object of a contract must...
Section 53-5-3 - Unlawfulness of object and impossibility of performance renders contract void. - 53-5-3. Unlawfulness of object and impossibility of performance renders contract...
Section 53-5-4 - Several distinct objects--Some lawful and some unlawful--Validity of lawful parts. - 53-5-4. Several distinct objects--Some lawful and some unlawful--Validity of lawful...
Chapter 06 - Consideration For Contracts
Section 53-6-1 - Good consideration, acts constituting. - 53-6-1. Good consideration, acts constituting. Any benefit conferred or agreed...
Section 53-6-2 - Legal or moral obligation as good consideration. - 53-6-2. Legal or moral obligation as good consideration. An existing...
Section 53-6-3 - Instrument as evidence of consideration. - 53-6-3. Instrument as evidence of consideration. A written instrument is...
Section 53-6-4 - Burden of proof to invalidate sufficient consideration. - 53-6-4. Burden of proof to invalidate sufficient consideration. The burden...
Section 53-6-5 - Lawful consideration required. - 53-6-5. Lawful consideration required. The consideration of a contract must...
Section 53-6-6 - Illegality of consideration, effect. - 53-6-6. Illegality of consideration, effect. If any part of a...
Section 53-6-8 - Executory consideration--Determination of amount. - 53-6-8. Executory consideration--Determination of amount. When a consideration is executory,...
Section 53-6-9 - Impossibility of ascertaining consideration, effect. - 53-6-9. Impossibility of ascertaining consideration, effect. Where a contract provides...
Section 53-6-10 - Effect of impossibility of ascertaining consideration--Possible of execution on face. - 53-6-10. Effect of impossibility of ascertaining consideration--Possible of execution on...
Section 53-6-11 - Measure of consideration, ascertainment. - 53-6-11. Measure of consideration, ascertainment. Where a contract does not...
Chapter 07 - Communication Of Proposal And Acceptance
Section 53-7-1 - Revocation of proposal, limitation as to time. - 53-7-1. Revocation of proposal, limitation as to time. A proposal...
Section 53-7-2 - Revocation of proposal, acts constituting. - 53-7-2. Revocation of proposal, acts constituting. A proposal is revoked:...
Section 53-7-3 - Absolute and unqualified acceptance required--Qualified acceptance, new proposal. - 53-7-3. Absolute and unqualified acceptance required--Qualified acceptance, new proposal. An...
Section 53-7-4 - Communication of consent. - 53-7-4. Communication of consent. Consent can be communicated with effect...
Section 53-7-5 - Acceptance of proposal, communication. - 53-7-5. Acceptance of proposal, communication. If a proposal prescribes any...
Section 53-7-6 - Acceptance of proposal--Consent fully communicated. - 53-7-6. Acceptance of proposal--Consent fully communicated. Consent is deemed to...
Section 53-7-7 - Acceptance of proposal--Acts constituting. - 53-7-7. Acceptance of proposal--Acts constituting. Performance of the conditions of...
Section 53-7-8 - Contract in writing--Effective date. - 53-7-8. Contract in writing--Effective date. A contract in writing takes...
Section 53-7-9 - Written contracts--Application of law of transfer of property. - 53-7-9. Written contracts--Application of law of transfer of property. The...
Chapter 08 - Oral And Written Contracts
Section 53-8-1 - Contracts which may be oral. - 53-8-1. Contracts which may be oral. All contracts may be...
Section 53-8-2 - Contracts required to be in writing--Statute of frauds. - 53-8-2. Contracts required to be in writing--Statute of frauds. The...
Section 53-8-3 - Contract not in writing through fraud--Enforcement against fraudulent party. - 53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party....
Section 53-8-4 - Sales at public auction, memorandum of auctioneer, compliance with statute of frauds. - 53-8-4. Sales at public auction, memorandum of auctioneer, compliance with...
Section 53-8-5 - Execution of contract in writing supersedes oral negotiations or stipulations. - 53-8-5. Execution of contract in writing supersedes oral negotiations or...
Section 53-8-6 - Oral contract--Alteration in writing by consent of parties. - 53-8-6. Oral contract--Alteration in writing by consent of parties. A...
Section 53-8-7 - Alteration of written contract without new consideration. - 53-8-7. Alteration of written contract without new consideration. A contract...
Chapter 09 - Unlawful Contracts
Section 53-9-1 - Contract provisions contrary to law, unlawful. - 53-9-1. Contract provisions contrary to law, unlawful. A contract provision...
Section 53-9-2 - Gambling contracts void. - 53-9-2. Gambling contracts void. Any contract: (1)In which the whole...
Section 53-9-3 - Contracts against public policy. - 53-9-3. Contracts against public policy. All contracts which have for...
Section 53-9-4 - Penalties for nonperformance of contract void, exceptions. - 53-9-4. Penalties for nonperformance of contract void, exceptions. Penalties imposed...
Section 53-9-5 - Contracts fixing damages void, exception. - 53-9-5. Contracts fixing damages void, exception. Every contract in which...
Section 53-9-6 - Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable. - 53-9-6. Restraints on legal proceedings void--Arbitration agreements and certain surety...
Section 53-9-6.1 - Validation of contract limiting time for enforcement of rights under surety contracts. - 53-9-6.1. Validation of contract limiting time for enforcement of rights...
Section 53-9-7 - Contract in restraint of marriage void. - 53-9-7. Contract in restraint of marriage void. Every contract in...
Section 53-9-8 - Contracts in restraint of trade void--Exceptions. - 53-9-8. Contracts in restraint of trade void--Exceptions. Any contract restraining...
Section 53-9-9 - Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity. - 53-9-9. Sale of good will--Seller's agreement with buyer to refrain...
Section 53-9-10 - Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity. - 53-9-10. Dissolution of partnership--Agreement of partners to refrain from carrying...
Section 53-9-11 - Employment contract--Limitation on competition. - 53-9-11. Employment contract--Limitation on competition. Except as otherwise provided in...
Section 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception. - 53-9-11.1. Health care provider--Contract to restrict practice--Prohibition--Exception. A contract that...
Section 53-9-12 - Contracts of independent contractor who is captive insurance agent--Covenants not to compete. - 53-9-12. Contracts of independent contractor who is captive insurance agent--Covenants...
Section 53-9-13 - Coerce or compel an abortion--Contract void. - 53-9-13. Coerce or compel an abortion--Contract void. A provision in...
Chapter 10 - Performance Of Contracts
Section 53-10-2 - Time of performance of contract not specified--Allowance of reasonable time--Instant action. - 53-10-2. Time of performance of contract not specified--Allowance of reasonable...
Section 53-10-3 - Time as essence of the contract. - 53-10-3. Time as essence of the contract. Time is never...
Chapter 11 - Extinction And Alteration Of Contracts
Section 53-11-1 - Extinguishment of contracts--Methods. - 53-11-1. Extinguishment of contracts--Methods. A contract may be extinguished in...
Section 53-11-2 - Rescission by party to contract--Grounds. - 53-11-2. Rescission by party to contract--Grounds. A party to a...
Section 53-11-3 - Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission. - 53-11-3. Rescission not effected by consent--Accomplishment by use of diligence...
Section 53-11-4 - Prompt action by party rescinding on discovery of duress, undue influence, or disability. - 53-11-4. Prompt action by party rescinding on discovery of duress,...
Section 53-11-5 - Restoration of everything of value by party rescinding. - 53-11-5. Restoration of everything of value by party rescinding. The...
Section 53-11-6 - Extinction by destruction or cancellation of contract or signatures by consent. - 53-11-6. Extinction by destruction or cancellation of contract or signatures...
Section 53-11-7 - Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice. - 53-11-7. Extinction by intentional destruction, cancellation or alteration of contract--Alteration...
Chapter 12 - Electronic Transactions
Section 53-12-1 - Definition of terms. - 53-12-1. Definition of terms. Terms used in this chapter mean:...
Section 53-12-2 - Transactions governed by chapter. - 53-12-2. Transactions governed by chapter. Except as otherwise provided in...
Section 53-12-3 - Transactions not governed by chapter. - 53-12-3. Transactions not governed by chapter. This chapter does not...
Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter. - 53-12-4. Transactions excluded under §53-12-3 that may be governed by...
Section 53-12-5 - Transactions subject to chapter also subject to other applicable law. - 53-12-5. Transactions subject to chapter also subject to other applicable...
Section 53-12-6 - Application of chapter. - 53-12-6. Application of chapter. This chapter applies to any electronic...
Section 53-12-7 - Electronic record or signature not mandated. - 53-12-7. Electronic record or signature not mandated. This chapter does...
Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction. - 53-12-8. Application solely to transactions between parties agreeing to electronic...
Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable. - 53-12-9. Party agreeing to one electronic transaction may refuse others--Right...
Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided. - 53-12-10. Provisions of chapter may be varied by agreement except...
Section 53-12-11 - Determination of legal consequences of electronic records or signatures. - 53-12-11. Determination of legal consequences of electronic records or signatures....
Section 53-12-12 - Construction of chapter. - 53-12-12. Construction of chapter. This chapter shall be construed and...
Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect. - 53-12-13. Electronic form of record or signature not grounds for...
Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract. - 53-12-14. Electronic record used in contract formation not grounds for...
Section 53-12-15 - Electronic record satisfies requirement of a writing. - 53-12-15. Electronic record satisfies requirement of a writing. If a...
Section 53-12-16 - Electronic signature satisfies requirement of a signature. - 53-12-16. Electronic signature satisfies requirement of a signature. If a...
Section 53-12-17 - Requirement of writing satisfied by sending of electronic record. - 53-12-17. Requirement of writing satisfied by sending of electronic record....
Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner. - 53-12-18. Requirement that record be posted, transmitted or formatted in...
Section 53-12-19 - Electronic record not enforceable against recipient in certain situations. - 53-12-19. Electronic record not enforceable against recipient in certain situations....
Section 53-12-20 - Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions. - 53-12-20. Requirements of §§53-12-17 to 53-12-19, inclusive, not to be...
Section 53-12-21 - Attributing electronic signature or record to person. - 53-12-21. Attributing electronic signature or record to person. An electronic...
Section 53-12-22 - Effect of electronic record or signature to be determined from context. - 53-12-22. Effect of electronic record or signature to be determined...
Section 53-12-23 - Effect of change or error in electronic record. - 53-12-23. Effect of change or error in electronic record. If...
Section 53-12-24 - Notarization of electronic signature. - 53-12-24. Notarization of electronic signature. If a law requires a...
Section 53-12-25 - Satisfying requirement that record be retained. - 53-12-25. Satisfying requirement that record be retained. If a law...
Section 53-12-26 - Requirement that record be retained does not apply to certain information. - 53-12-26. Requirement that record be retained does not apply to...
Section 53-12-27 - Services of another person for retention of records authorized. - 53-12-27. Services of another person for retention of records authorized....
Section 53-12-28 - Retention of record in its original form. - 53-12-28. Retention of record in its original form. If a...
Section 53-12-29 - Retention of check. - 53-12-29. Retention of check. If a law requires retention of...
Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes. - 53-12-30. Retention of record for evidentiary, audit, or like purposes....
Section 53-12-31 - Electronic form of record or signature not grounds for exclusion. - 53-12-31. Electronic form of record or signature not grounds for...
Section 53-12-32 - Formation and terms of contract in automated transaction. - 53-12-32. Formation and terms of contract in automated transaction. In...
Section 53-12-33 - Time that electronic record is sent. - 53-12-33. Time that electronic record is sent. Unless otherwise agreed...
Section 53-12-34 - Time that electronic record is received. - 53-12-34. Time that electronic record is received. Unless otherwise agreed...
Section 53-12-35 - Location of information processing system irrelevant. - 53-12-35. Location of information processing system irrelevant. Section 53-12-34 applies...
Section 53-12-36 - Place that electronic record is sent from and received. - 53-12-36. Place that electronic record is sent from and received....
Section 53-12-37 - Individual need not be aware of receipt. - 53-12-37. Individual need not be aware of receipt. An electronic...
Section 53-12-38 - Effect of electronic acknowledgment. - 53-12-38. Effect of electronic acknowledgment. Receipt of an electronic acknowledgment...
Section 53-12-39 - Effect of actual knowledge that electronic record purportedly sent or received was not sent or received. - 53-12-39. Effect of actual knowledge that electronic record purportedly sent...
Section 53-12-40 - "Transferable record" defined. - 53-12-40."Transferable record" defined. For purposes of this chapter, the term,...
Section 53-12-41 - Person having control of transferable record. - 53-12-41. Person having control of transferable record. A person has...
Section 53-12-42 - Requirements for creation, storage, and assignment of transferable record--Authoritative copy. - 53-12-42. Requirements for creation, storage, and assignment of transferable record--Authoritative...
Section 53-12-43 - Person having control of transferable record is holder with same rights and defenses as holder of equivalent record. - 53-12-43. Person having control of transferable record is holder with...
Section 53-12-44 - Obligor under transferable record has same rights and defenses as obligor under equivalent records. - 53-12-44. Obligor under transferable record has same rights and defenses...
Section 53-12-45 - Proof of control of transferable record. - 53-12-45. Proof of control of transferable record. If requested by...
Section 53-12-46 - Government agencies to determine extent to which electronic records will be created and retained. - 53-12-46. Government agencies to determine extent to which electronic records...
Section 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records and signatures. - 53-12-47. Commissioner to promulgate rules for state agencies using electronic...
Section 53-12-48 - Board of Regents to determine extent to which electronic records and signatures will be used. - 53-12-48. Board of Regents to determine extent to which electronic...
Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated. - 53-12-49. Use of electronic records or signatures by government agencies...
Section 53-12-50 - Commissioner authorized to promote consistency and interoperability. - 53-12-50. Commissioner authorized to promote consistency and interoperability. The commissioner...