§ 51:421 As used in this Subpart:
§ 51:422 A. Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined by this Subpart plus any state, county or municipal sales ta
§ 51:422.1 Unfair sales of motor fuel; impairment of competition; exemptions; records to support exemptions
§ 51:423 Violation; penalty; prima facie evidence; revocation of license or permit
§ 51:424 In addition, the courts of this state may prevent and restrain violations of this Subpart, and district attorneys, in the respective districts, shall institute proceedings to prevent and r
§ 51:425 Any defendant, or any witness, in any civil action brought under the provisions of this Subpart may be required to testify, and the books, records, invoices and all other documents of any
§ 51:426 The provisions of this Subpart shall not apply to sales at retail or sales at wholesale:
§ 51:427 This Subpart may be cited as the Unfair Sales Law.

Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 1 > Part VIII > Subpart E - Unfair Sales Law

  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost to the retailer: means the invoice cost, or the replacement cost, of the merchandise to the retailer, whichever is lower;

               (1) Less all trade discounts except customary discounts for cash;

               (2) Plus; in the following order:

               (a) Freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise;

               (b) Cartage to the retail outlet if done or paid by the retailer, which cartage cost, in the absence of proof of a lesser cost, shall be three-fourths of one per cent of the cost to the retailer after adding freight charges but before adding cartage and markup; and,

               (c) A markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the retailer after adding freight charges and cartage. See Louisiana Revised Statutes 51:421

  • Cost to the wholesaler: means the invoice cost, or the replacement cost, of the merchandise to the wholesaler, whichever is lower;

               (1) Less all trade discounts except customary discounts for cash and discounts from the state or any governmental agency allowed for the payment of collection of any taxes;

               (2) Plus; in the following order:

               (a) Freight charges, not otherwise included in the invoice cost or the replacement cost of the merchandise;

               (b) Cartage cost which shall be three-fourths of one per cent of the cost to the wholesaler after adding freight charges but before adding cartage, any existing tobacco stamp excise tax and markup, and any motor fuels excise tax;

               (c) Any existing tobacco stamp excise tax; and,

               (d) A markup to cover a proportionate part of the cost of doing business which markup, in the absence of proof of a lesser cost, shall be two percent of the cost to the wholesaler after adding freight charges, cartage, any existing tobacco stamp excise tax, and any motor fuels excise tax; and,

               (e) Any motor fuels excise tax. See Louisiana Revised Statutes 51:421

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Replacement cost: means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time within thirty days prior to the date of sale or the date upon which it is offered for sale by the seller if bought in the same quantity as the seller's last purchase of the merchandise. See Louisiana Revised Statutes 51:421
  • Retailer: means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail portion of the business. See Louisiana Revised Statutes 51:421
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Wholesaler: means any person engaged in the business of making sales at wholesale within this state, or if any person is engaged in the business of making sales both at wholesale and at retail, "wholesaler" shall apply only to the wholesale portion of the business. See Louisiana Revised Statutes 51:421