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N.C. Gen. Stat. § 25-2-106

Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "layaway contract"; "conforming" to contract; "termination"; "cancellation"; "hybrid transaction."

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 8 court decisions — leading case 128 N.C. App. 379 - Coastal Leasing Corp. v. T-BAR S CORP. (1998)

Most recently applied in Wining Taylors, LLC v. Ce Precision, Inc. (April 2019)

1965, c. 700, s. 1; 1967, c. 24, s. 6; 1993, c. 340, s. 1; 2025-25, s. 115.

How often courts cite this section

1983199020002010201920
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.

(a) In this Article, "contract" and "agreement" are limited to those relating to the present or future sale of goods, including layaway contracts. "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 (G.S. 25-2-401). A "present sale" means a sale that is accomplished by the making of the contract. A "layaway contract" means any contract for the sale of goods in which the seller agrees with the purchaser, in consideration for the purchaser's payment of a deposit, down payment, or similar initial payment, to hold identified goods for future delivery upon the purchaser's payment of a specified additional amount, whether in installments or otherwise.

(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 pursuant to 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 any right based on prior breach or 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 any unperformed balance.

(e) "Hybrid transaction" means a single transaction involving a sale of goods and any of the following:

(1) The provision of services.

(2) A lease of other goods.

(3) A sale, lease, or license of property other than goods.

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