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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 1. SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER

11-2-106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction.”

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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 (Code Section 11-2-401). A “present sale” means a sale which is accomplished by the making of the contract.#

  2. (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. (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. (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 canceling party also retains any remedy for breach of the whole contract or any unperformed balance.#

  5. (5)

    “Hybrid transaction” means a single transaction involving a sale of goods and:#

    1. (a)

      The provision of services;#

    2. (b)

      A lease of other goods; or#

    3. (c)

      A sale, lease, or license of property other than goods.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-106, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 415, § 11; Ga. L. 2024, p. 817, § 5-7/HB 1240, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, added paragraph (5).

Editor's notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’” Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

Code Commission notes

Pursuant to Code Section 28-9-5, in 2024, an open quotation mark was inserted preceding “hybrid” in the section heading.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, page 18; merge action: replaced; file SHA-256 df9393c4ba3b.