Article 2. Sales.


Part 1. Short Title, General Construction and Subject Matter. Back to Top
§ 28:2-101. Short title.
§ 28:2-102. Scope; certain security and other transactions excluded from this article.
§ 28:2-103. Definitions and index of definitions.
§ 28:2-104. Definitions: "merchant"; "between merchants"; "financing agency".
§ 28:2-105. Definitions:  transferability;  "goods";  "future" goods;   "lot";  "commercial unit".
§ 28:2-106. Definitions:  "contract";  "agreement";  "contract for sale";   "sale";  "present sale";  "conforming" to contract;  "termination"; "cancellation".
§ 28:2-107. Goods to be severed from realty; recording.
Part 2. Form, Formation and Readjustment of Contract. Back to Top
§ 28:2-201. Formal requirements; statute of frauds.
§ 28:2-202. Final written expression: parol or extrinsic evidence.
§ 28:2-203. Seals inoperative.
§ 28:2-204. Formation in general.
§ 28:2-205. Firm offers.
§ 28:2-206. Offer and acceptance in formation of contract.
§ 28:2-207. Additional terms in acceptance or confirmation.
§ 28:2-208. Course of performance or practical construction.
§ 28:2-209. Modification, rescission and waiver.
§ 28:2-210. Delegation of performance; assignment of rights.
Part 3. General Obligation and Construction of Contract. Back to Top
§ 28:2-301. General obligations of parties.
§ 28:2-302. Unconscionable contract or clause.
§ 28:2-303. Allocation or division of risks.
§ 28:2-304. Price payable in money, goods, realty, or otherwise.
§ 28:2-305. Open price term.
§ 28:2-306. Output, requirements and exclusive dealings.
§ 28:2-307. Delivery in single lot or several lots.
§ 28:2-308. Absence of specified place for delivery.
§ 28:2-309. Absence of specific time provisions; notice of termination.
§ 28:2-310. Open time for payment or running of credit; authority to ship under reservation.
§ 28:2-311. Options and cooperation respecting performance.
§ 28:2-312. Warranty of title and against infringement; buyer's obligation against infringement.
§ 28:2-313. Express warranties by affirmation, promise, description, sample.
§ 28:2-314. Implied warranty: merchantability; usage of trade.
§ 28:2-315. Implied warranty: fitness for particular purpose.
§ 28:2-316. Exclusion or modification of warranties.
§ 28:2-316.01. Limitation of exclusion or modification of warranties consumers.
§ 28:2-317. Cumulation and conflict of warranties express or implied.
§ 28:2-318. Third party beneficiaries of warranties express or implied.
§ 28:2-319. F.O.B. and F.A.S. terms.
§ 28:2-320. C.I.F. and C. & F. terms.
§ 28:2-321. C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival.
§ 28:2-322. Delivery "ex-ship".
§ 28:2-323. Form of bill of lading required in overseas shipment;   "overseas".
§ 28:2-324. "No arrival, no sale" term.
§ 28:2-325. "Letter of credit" term; "confirmed credit".
§ 28:2-326. Sale on approval and sale or return; rights of creditors.
§ 28:2-327. Special incidents of sale on approval and sale or return.
§ 28:2-328. Sale by auction.
Part 4. Title, Creditors and Good Faith Purchasers. Back to Top
§ 28:2-401. Passing of title; reservation for security; limited application of this section.
§ 28:2-402. Rights of seller's creditors against sold goods.
§ 28:2-403. Power to transfer; good faith purchase of goods; "entrusting".
Part 5. Performance. Back to Top
§ 28:2-501. Insurable interest in goods; manner of identification of goods.
§ 28:2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.
§ 28:2-503. Manner of seller's tender of delivery.
§ 28:2-504. Shipment by seller.
§ 28:2-505. Seller's shipment under reservation.
§ 28:2-506. Rights of financing agency.
§ 28:2-507. Effect of seller's tender; delivery on condition.
§ 28:2-508. Cure by seller of improper tender or delivery; replacement.
§ 28:2-509. Risk of loss in the absence of breach.
§ 28:2-510. Effect of breach on risk of loss.
§ 28:2-511. Tender of payment by buyer; payment by check.
§ 28:2-512. Payment by buyer before inspection.
§ 28:2-513. Buyer's right to inspection of goods.
§ 28:2-514. When documents deliverable on acceptance; when on payment.
§ 28:2-515. Preserving evidence of goods in dispute.
Part 6. Breach, Repudiation and Excuse. Back to Top
§ 28:2-601. Buyer's rights on improper delivery.
§ 28:2-602. Manner and effect of rightful rejection.
§ 28:2-603. Merchant buyer's duties as to rightfully rejected goods.
§ 28:2-604. Buyer's options as to salvage of rightfully rejected goods.
§ 28:2-605. Waiver of buyer's objections by failure to particularize.
§ 28:2-606. What constitutes acceptance of goods.
§ 28:2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
§ 28:2-608. Revocation of acceptance in whole or in part.
§ 28:2-609. Right to adequate assurance of performance.
§ 28:2-610. Anticipatory repudiation.
§ 28:2-611. Retraction of anticipatory repudiation.
§ 28:2-612. "Installment contract"; breach.
§ 28:2-613. Casualty to identified goods.
§ 28:2-614. Substituted performance.
§ 28:2-615. Excuse by failure of presupposed conditions.
§ 28:2-616. Procedure on notice claiming excuse.
Part 7. Remedies. Back to Top
§ 28:2-701. Remedies for breach of collateral contracts not impaired.
§ 28:2-702. Seller's remedies on discovery of buyer's insolvency.
§ 28:2-703. Seller's remedies in general.
§ 28:2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
§ 28:2-705. Seller's stoppage of delivery in transit or otherwise.
§ 28:2-706. Seller's resale including contract for resale.
§ 28:2-707. "Person in the position of a seller".
§ 28:2-708. Seller's damages for non-acceptance or repudiation.
§ 28:2-709. Action for the price.
§ 28:2-710. Seller's incidental damages.
§ 28:2-711. Buyer's remedies in general; buyer's security interest in rejected goods.
§ 28:2-712. "Cover"; buyer's procurement of substitute goods.
§ 28:2-713. Buyer's damages for non-delivery or repudiation.
§ 28:2-714. Buyer's damages for breach in regard to accepted goods.
§ 28:2-715. Buyer's incidental and consequential damages.
§ 28:2-716. Buyer's right to specific performance or replevin.
§ 28:2-717. Deduction of damages from the price.
§ 28:2-718. Liquidation or limitation of damages; deposits.
§ 28:2-719. Contractual modification or limitation of remedy.
§ 28:2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.
§ 28:2-721. Remedies for fraud.
§ 28:2-722. Who can sue third parties for injury to goods.
§ 28:2-723. Proof of market price: time and place.
§ 28:2-724. Admissibility of market quotations.
§ 28:2-725. Statute of limitations in contracts for sale.