Wisconsin Statutes 402.106 – Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”
Current as of: 2024 | Check for updates
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In this chapter unless the context otherwise requires:
Terms Used In Wisconsin Statutes 402.106
- Buyer: means a person who buys or contracts to buy goods. See Wisconsin Statutes 402.103
- Contract: A legal written agreement that becomes binding when signed.
- present sale: means a sale which is accomplished by the making of the contract. See Wisconsin Statutes 402.106
- Seller: means a person who sells or contracts to sell goods. See Wisconsin Statutes 402.103
(1) “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 canceling party also retains any remedy for breach of the whole contract or any unperformed balance.
(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) “Contract” and “agreement” are limited to those relating to the present or future sale of goods.
(4) “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time.
(5) A “present sale” means a sale which is accomplished by the making of the contract.
(6) A “sale” consists in the passing of title from the seller to the buyer for a price (s. 402.401).
(7) “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.