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KRS 355.2-106

Definitions -- "Contract" -- "Agreement" -- "Contract for sale" -- "Sale" -- "Present sale" -- "Conforming" to contract -- "Termination" -- "Cancellation" -- "Hybrid transaction."

Known as the Uniform Commercial Code

The act spans §§ 355–355 (686 sections).

Applied in 3 court decisions — leading case Harris Trust & Savings Bank v. Wathen's Elevators, Inc. (In Re Wathen's Elevators, Inc.) (1983)

Most recently applied in A & a Mechanical, Inc. v. Thermal Equipment Sales, Inc. (July 1999)

Effective: January 1, 2025 History: Amended 2024 Ky

How often courts cite this section

1964197019801990199910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In this article, unless the context otherwise requires:

(a) "Contract" and "agreement" are limited to those relating to the present or future sale of goods;

(b) "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time;

(c) A "sale" consists in the passing of title from the seller to the buyer for a price (KRS 355.2-401); and (d) A "present sale" means a sale which is accomplished by the making of the contract.

(2) 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.

(3) (a) "Termination" occurs when either party, pursuant to a power created by agreement or law, puts an end to the contract otherwise than for its breach.

(b) On "termination," all obligations which are still executory on both sides are discharged, but any right based on prior breach or performance survives.

(4) "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 canceling party also retains any remedy for breach of the whole contract or any unperformed balance.

(5) "Hybrid transaction" means a single transaction involving a sale of goods and:

(a) The provision of services;

(b) A lease of other goods; or (c) A sale, lease, or license of property other than goods.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.