Arkansas Code Title 4, Subtitle 1, Chapter 2, Part 3 - General Obligation and Construction of Contract
- § 4-2-301 - General Obligation of Parties.
The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the
- § 4-2-302 - Unconscionable Contract or Clause.
(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the...
- § 4-2-303 - Allocation or Division of Risks.
Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation...
- § 4-2-304 - Price Payable in Money, Goods, Realty, or Otherwise.
(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party...
- § 4-2-305 - Open Price Term.
(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case...
- § 4-2-306 - Output, Requirements, and Exclusive Dealings.
(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or...
- § 4-2-307 - Delivery in Single Lot or Several Lots.
Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only...
- § 4-2-308 - Absence of Specified Place for Delivery.
Unless otherwise agreed: (a) the place for delivery of goods is the seller's place of business or if he has none his residence; but...
- § 4-2-309 - Absence of Specific Time Provisions -- Notice of Termination.
(1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall...
- § 4-2-310 - Open Time for Payment or Running of Credit -- Authority to Ship Under Reservation.
Unless otherwise agreed: (a) payment is due at the time and place at which the buyer is to receive the goods even though the...
- § 4-2-311 - Options and Cooperation Respecting Performance.
(1) An agreement for sale which is otherwise sufficiently definite (§ 4-2-204(3)) to be a contract is not made invalid by the fact that...
- § 4-2-312 - Warranty of Title and Against Infringements -- Buyer's Obligation Against Infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that (a) the title conveyed shall be...
- § 4-2-313 - Express Warranties by Affirmation, Promise, Description, Sample.
(1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer...
- § 4-2-314 - Implied Warranty -- Merchantability -- Usage of Trade.
(1) Unless excluded or modified (§ 4-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if...
- § 4-2-315 - Implied Warranty -- Fitness for Particular Purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the...
- § 4-2-316 - Exclusion or Modification of Warranties.
(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be...
- § 4-2-317 - Cumulation and Conflict of Warranties Express or Implied.
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention...
- § 4-2-318 - Third Party Beneficiaries of Warranties Express or Implied.
A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who...
- § 4-2-319 - O. B. and F. A. S. Terms.
(1) Unless otherwise agreed the terms F.O.B. (which means "free on board") at a named place, even though used only in connection with the...
- § 4-2-320 - I. F. and C. & F. Terms.
(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to...
- § 4-2-321 - I. F. or C. & F. -- "Net Landed Weights" -- "Payment on Arrival" -- Warranty of Condition on Arrival.
Under a contract containing a term C.I.F. or C. & F. (1) Where the price is based on or is to be adjusted according...
- § 4-2-322 - Delivery "Ex-Ship".
(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted...
- § 4-2-323 - Form of Bill of Lading Required in Overseas Shipment -- "Overseas".
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed...
- § 4-2-324 - "No Arrival, No Sale" Term.
Under a term, "no arrival, no sale" or terms of like meaning, unless otherwise agreed: (a) the seller must properly ship conforming goods and...
- § 4-2-325 - "Letter of Credit" Term -- "Confirmed Credit".
(1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.(2) The delivery to...
- § 4-2-326 - Sale on Approval and Sale or Return -- Rights of Creditors.
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is (a)...
- § 4-2-327 - Special Incidents of Sale on Approval and Sale or Return.
(1) Under a sale on approval unless otherwise agreed: (a) although the goods are identified to the contract the risk of loss and the...
- § 4-2-328 - Sale by Auction.
(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.(2) A sale...
Last modified: November 15, 2016