Part 1 Short Title, General Construction and Subject Matter 70A-2-101 – 70A-2-107
Part 2 Form, Formation, and Readjustment of Contract 70A-2-201 – 70A-2-210
Part 3 General Obligation and Construction of Contract 70A-2-301 – 70A-2-328
Part 4 Title, Creditors, and Good Faith Purchasers 70A-2-401 – 70A-2-403
Part 5 Performance 70A-2-501 – 70A-2-515
Part 6 Breach, Repudiation, and Excuse 70A-2-601 – 70A-2-616
Part 7 Remedies 70A-2-701 – 70A-2-725
Part 8 Assistive Technology Warranty Act 70A-2-801 – 70A-2-807

Terms Used In Utah Code > Title 70A > Chapter 2

  • Appraisal: A determination of property value.
  • Assistive technology: includes :
    (i) manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual;
    (ii) hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; and
    (iii) voice-synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance an individual's ability to access print or communicate. See Utah Code 70A-2-802
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
  • Certificate of limited partnership: means the certificate required by Section 48-2e-201. See Utah Code 48-2e-102
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining alternative assistive technology. See Utah Code 70A-2-802
  • Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
    (a) purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale;
    (b) obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties;
    (c) possesses the right to enforce the warranty; or
    (d) leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Utah Code 70A-2-106
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person who is in the business of selling assistive technology. See Utah Code 70A-2-802
  • Demonstrator: means assistive technology used primarily for the purpose of demonstration to the public. See Utah Code 70A-2-802
  • Disbursements: means the amount of money consumers may receive as part of a damage award based upon the pro rata share of investment by the consumers. See Utah Code 70A-2-802
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-2e-102
  • Early termination cost: means any expense or obligation that a lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of the assistive technology to the manufacturer. See Utah Code 70A-2-802
  • Early termination savings: means any expense or obligation that a lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of assistive technology to a manufacturer which shall include an interest charge that the lessor would have paid to finance the assistive technology or, if the lessor does not finance the assistive technology, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. See Utah Code 70A-2-802
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Utah Code 48-2e-102
  • Fraud: Intentional deception resulting in injury to another.
  • General partner: means a person that:
    (a) has become a general partner under Section 48-2e-401 or was a general partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
    (b) has not dissociated as a general partner under Section 48-2e-603. See Utah Code 48-2e-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisdiction of formation: means , with respect to an entity, the jurisdiction:
    (a) under whose law the entity is formed; or
    (b) in the case of a limited liability partnership or foreign limited liability partnership, in which the partnership's statement of qualification is filed. See Utah Code 48-2e-102
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lessee: means a person who leases assistive technology as a consumer under a written lease. See Utah Code 70A-2-802
  • Lessor: means a person who leases assistive technology to consumers or who holds the lessor's rights under a written lease. See Utah Code 70A-2-802
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means a person that:
    (a) has become a limited partner under Section 48-2e-301 or was a limited partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
    (b) has not dissociated under Section 48-2e-601. See Utah Code 48-2e-102
  • Limited partnership: means an entity formed under this chapter or which becomes subject to this chapter under Part 11, Merger, Interest Exchange, Conversion, and Domestication, or Section 48-2e-1205. See Utah Code 48-2e-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means a person who manufactures or assembles assistive technology including agents of that person, an importer, a distributor, a factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology, but does not include a dealer or lessor of assistive technology. See Utah Code 70A-2-802
  • Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partner: means a limited partner or general partner. See Utah Code 48-2e-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership agreement: means the agreement, whether or not referred to as a partnership agreement, and whether oral, implied, in a record, or in any combination thereof, of all the partners of a limited partnership concerning the matters described in Subsection 48-2e-112(1). See Utah Code 48-2e-102
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-2e-102
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • present sale: means a sale which is accomplished by the making of the contract. See Utah Code 70A-2-106
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Utah Code 48-2e-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Registered foreign limited partnership: means a foreign limited partnership that is registered to do business in this state pursuant to a statement of registration filed by the division. See Utah Code 48-2e-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-2e-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transfer: includes :
    (a) an assignment;
    (b) a conveyance;
    (c) a sale;
    (d) a lease;
    (e) an encumbrance, including a mortgage or security interest;
    (f) a gift; and
    (g) a transfer by operation of law. See Utah Code 48-2e-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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