§490:2-105  Definitions:  transferability;
"goods"; "future" goods; "lot"; "commercial
unit".  (1)  "Goods" means all things (including specially
manufactured goods) which are movable at the time of identification to the
contract for sale other than the money in which the price is to be paid,
investment securities (article 8) and things in action.  "Goods" also
includes the unborn young of animals and growing crops and other identified
things attached to realty as described in the section on goods to be severed
from realty (section 490:2-107).



(2)  Goods must be both existing and identified
before any interest in them can pass.  Goods which are not both existing and
identified are "future" goods.  A purported present sale of future
goods or of any interest therein operates as a contract to sell.



(3)  There may be a sale of a part interest in
existing identified goods.



(4)  An undivided share in an identified bulk
of fungible goods is sufficiently identified to be sold although the quantity
of the bulk is not determined.  Any agreed proportion of such a bulk or any
quantity thereof agreed upon by number, weight or other measure may to the
extent of the seller's interest in the bulk be sold to the buyer who then
becomes an owner in common.



(5)  "Lot" means a parcel or a single
article which is the subject matter of a separate sale or delivery, whether or
not it is sufficient to perform the contract.



(6)  "Commercial unit" means such a
unit of goods as by commercial usage is a single whole for purposes of sale and
division of which materially impairs its character or value on the market or in
use.  A commercial unit may be a single article (as a machine) or a set of
articles (as a suite of furniture or an assortment of sizes) or a quantity (as
a bale, gross, or carload) or any other unit treated in use or in the relevant
market as a single whole. [L 1965, c 208, §2-105; HRS §490:2-105]



 



Case Notes



 



  Permanently affixed lanai tile not a "good" within
the meaning of the Hawaii Uniform Commercial Code.  841 F. Supp. 986.