§490:2-106  Definitions: 
"contract"; "agreement"; "contract for sale";
"sale"; "present sale"; "conforming" to contract;
"termination"; "cancellation".  (1)  In this article 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 (section 490:2-401). 
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)  "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 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 cancelling party
also retains any remedy for breach of the whole contract or any unperformed
balance. [L 1965, c 208, §2-106; HRS §490:2-106]



 



Case Notes



 



  There was no evidence of a relevant "sale" of lanai
tile to time-share owner.  841 F. Supp. 986.