Title 53 - CONTRACTS
- Chapter 01 - Definitions And General Provisions
- Chapter 02 - Parties To Contracts
- Section 53-2-1 - Persons capable of contracting.
- Section 53-2-2 - Minors and persons of unsound mind--Capacity to contract.
- Section 53-2-3 - Identification of parties necessary to validity.
- Section 53-2-4 - Joint and several contracts.
- Section 53-2-5 - Promise in singular number--Execution by several persons.
- Chapter 03 - Consent To Contracts
- Chapter 04 - Duress, Fraud, Undue Influence And Mistake
- Section 53-4-1 - Apparent consent voidable--Grounds.
- Section 53-4-10 - Mistake of law defined.
- Section 53-4-11 - Mistake of foreign law--Mistake of fact.
- Section 53-4-2 - Consent deemed voidable--Grounds.
- Section 53-4-3 - Duress defined.
- Section 53-4-4 - Fraud, actual or constructive.
- Section 53-4-5 - Actual fraud, acts constituting, question of fact.
- Section 53-4-6 - Constructive fraud, acts constituting.
- Section 53-4-7 - Undue influence, acts constituting.
- Section 53-4-8 - Mistake, classification.
- Section 53-4-9 - Mistake of fact defined.
- Chapter 05 - Objects Of Contracts
- Chapter 06 - Consideration For Contracts
- Section 53-6-1 - Good consideration, acts constituting.
- Section 53-6-10 - Effect of impossibility of ascertaining consideration--Possible of execution on face.
- Section 53-6-2 - Legal or moral obligation as good consideration.
- Section 53-6-3 - Instrument as evidence of consideration.
- Section 53-6-4 - Burden of proof to invalidate sufficient consideration.
- Section 53-6-5 - Lawful consideration required.
- Section 53-6-6 - Illegality of consideration, effect.
- Section 53-6-7 - Executed or executory consideration, effect.
- Section 53-6-8 - Executory consideration--Determination of amount.
- Section 53-6-9 - Impossibility of ascertaining consideration, effect.
- Chapter 07 - Communication Of Proposal And Acceptance
- Section 53-7-1 - Revocation of proposal, limitation as to time.
- Section 53-7-2 - Revocation of proposal, acts constituting.
- Section 53-7-3 - Absolute and unqualified acceptance required--Qualified acceptance, new proposal.
- Section 53-7-4 - Communication of consent.
- Section 53-7-5 - Acceptance of proposal, communication.
- Section 53-7-6 - Acceptance of proposal--Consent fully communicated.
- Section 53-7-7 - Acceptance of proposal--Acts constituting.
- Section 53-7-8 - Contract in writing--Effective date.
- Chapter 08 - Oral And Written Contracts
- Section 53-8-1 - Contracts which may be oral.
- Section 53-8-2 - Contracts required to be in writing--Statute of frauds.
- Section 53-8-3 - Contract not in writing through fraud--Enforcement against fraudulent party.
- Section 53-8-4 - Sales at public auction, memorandum of auctioneer, compliance with statute offrauds.
- Section 53-8-5 - Execution of contract in writing supersedes oral negotiations or stipulations.
- Section 53-8-6 - Oral contract--Alteration in writing by consent of parties.
- Chapter 09 - Unlawful Contracts
- Section 53-9-1 - Contract provisions contrary to law, unlawful.
- Section 53-9-10 - Dissolution of partnership--Agreement of partners to refrain from carrying on similarbusiness, validity.
- Section 53-9-11 - Employment contract--Covenants not to compete.
- Section 53-9-2 - Gambling contracts void.
- Section 53-9-3 - Contracts against public policy.
- Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.
- Section 53-9-5 - Contracts fixing damages void, exception.
- Section 53-9-6 - Restraints on legal proceedings void--Arbitration agreements and certain suretycontract limitations enforceable.
- Section 53-9-6.1 - Validation of contract limiting time for enforcement of rights under surety contracts.
- Section 53-9-7 - Contract in restraint of marriage void.
- Section 53-9-8 - Contracts in restraint of trade void--Exceptions.
- Section 53-9-9 - Sale of good will--Seller's agreement with buyer to refrain from carrying on similarbusiness, validity.
- Chapter 10 - Performance Of Contracts
- Chapter 11 - Extinction And Alteration Of Contracts
- Section 53-11-1 - Extinguishment of contracts--Methods.
- Section 53-11-2 - Rescission by party to contract--Grounds.
- Section 53-11-3 - Rescission not effected by consent--Accomplishment by use of diligence to complywith rules governing rescission.
- Section 53-11-4 - Rescission not effected by consent--Prompt action by party rescinding on discoveryof duress, undue influence, or disability.
- Section 53-11-5 - Rescission not effected by consent--Restoration of everything of value by partyrescinding.
- Section 53-11-6 - Extinction by destruction or cancellation of contract or signatures by consent.
- Chapter 12 - Electronic Transactions
- Section 53-12-1 - Definition of terms.
- Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.
- Section 53-12-11 - Determination of legal consequences of electronic records or signatures.
- Section 53-12-12 - Construction of chapter.
- Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.
- Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.
- Section 53-12-15 - Electronic record satisfies requirement of a writing.
- Section 53-12-16 - Electronic signature satisfies requirement of a signature.
- Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.
- Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.
- Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.
- Section 53-12-2 - Transactions governed by chapter.
- Section 53-12-20 - Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
- Section 53-12-21 - Attributing electronic signature or record to person.
- Section 53-12-22 - Effect of electronic record or signature to be determined from context.
- Section 53-12-23 - Effect of change or error in electronic record.
- Section 53-12-24 - Notarization of electronic signature.
- Section 53-12-25 - Satisfying requirement that record be retained.
- Section 53-12-26 - Requirement that record be retained does not apply to certain information.
- Section 53-12-27 - Services of another person for retention of records authorized.
- Section 53-12-28 - Retention of record in its original form.
- Section 53-12-29 - Retention of check.
- Section 53-12-3 - Transactions not governed by chapter.
- Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.
- Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.
- Section 53-12-32 - Formation and terms of contract in automated transaction.
- Section 53-12-33 - Time that electronic record is sent.
- Section 53-12-34 - Time that electronic record is received.
- Section 53-12-35 - Location of information processing system irrelevant.
- Section 53-12-36 - Place that electronic record is sent from and received.
- Section 53-12-37 - Individual need not be aware of receipt.
- Section 53-12-38 - Effect of electronic acknowledgment.
- Section 53-12-39 - Effect of actual knowledge that electronic record purportedly sent or received was notsent or received.
- Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.
- Section 53-12-40 - "Transferable record" defined.
- Section 53-12-41 - Person having control of transferable record.
- Section 53-12-42 - Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
- Section 53-12-45 - Proof of control of transferable record.
- Section 53-12-46 - Government agencies to determine extent to which electronic records will be createdand retained.
- Section 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records andsignatures.
- Section 53-12-48 - Board of Regents to determine extent to which electronic records and signatures willbe used.
- Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.
- Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.
- Section 53-12-6 - Application of chapter.
- Section 53-12-7 - Electronic record or signature not mandated.
- Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction.
- Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable.
- Sections 53-12-43, 53-12-44 - Person having control of transferable record is holder with same rights and defenses as holder of equivalent record. Obligor under transferable record has same rights and