Section 45.02.106. Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation.".

   (a)  In this chapter, 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 (AS 45.02.401). A "present sale" means a sale that is accomplished by the making of the contract.
   (b) 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.
   (c) "Termination" occurs when either party, under a power created by agreement or law, puts an end to the contract otherwise than for its breach.  On "termination" all obligations that are still executory on both sides are discharged, but a right based on a prior breach of performance survives.
   (d) "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 an unperformed balance.

Authorities

45.02.103;45.07.112;45.12.103;45.29.102

Notes

References

AS 45.02.103 Definitions and index of definitions.
AS 45.07.112 Definitions and index of definitions.
AS 45.12.103 Definitions and index of definitions.
AS 45.29.102 Definitions.

History

(Sec. 2.106 ch 114 SLA 1962)