(1) In this article unless the context otherwise requires:
(a) “Buyer” means a person who buys or contracts to buy goods.
(b) “Good faith” in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) “Receipt” of goods means taking physical possession of them.
(d) “Seller” means a person who sells or contracts to sell goods.
(2) Other definitions applying to this article or to specified parts thereof and the sections in which they appear are:
“Acceptance.” Section 7-2-606.
“Banker’s credit.” Section 7-2-325.
“Between merchants.” Section 7-2-104.
“Cancellation.” Section 7-2-106 (4).
“Commercial unit.” Section 7-2-105.
“Confirmed credit.” Section 7-2-325.
“Conforming to contract.” Section 7-2-106.
“Contract for sale.” Section 7-2-106.
“Cover.” Section 7-2-712.
“Entrusting.” Section 7-2-403.
“Financing agency.” Section 7-2-104.
“Future goods.” Section 7-2-105.
“Goods.” Section 7-2-105.
“Identification.” Section 7-2-501.
“Installment contract.” Section 7-2-612.
“Letter of credit.” Section 7-2-325.
“Lot.” Section 7-2-105.
“Merchant.” Section 7-2-104.
“Overseas.” Section 7-2-323.
“Person in position of seller.” Section 7-2-707.
“Present sale.” Section 7-2-106.
“Sale.” Section 7-2-106.
“Sale on approval.” Section 7-2-326.
“Sale or return.” Section 7-2-326.
“Termination.” Section 7-2-106.
(3) “Control” as provided in Section 7-7-106, and the following definitions in other articles apply to this article:
“Check.” Section 7-3-104.
“Consignee.” Section 7-7-102.
“Consignor.” Section 7-7-102.
“Consumer goods.” Section 7-9A-102.
“Dishonor.” Section 7-3-502.
“Draft.” Section 7-3-104.
(4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
(Acts 1965, No. 549, p. 811; Acts 1995, No. 95-668, p. 1381, §4; Act 2001-481, p. 647, §2; Act 2004-315, p. 464, §2.)
Notes of Decisions
Alabama Powersport Auction, LLC v. Wiese, 143 So. 3d 713 (Ala. 2013).
· cites it 7× “Code 1975, defines “merchant” as follows: “ ‘Merchant’ means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill…”
Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003).
· cites it 2× “It appears undisputed that Bishop is a `seller' of automobiles, as that term is defined in § 7-2-103, Ala.Code 1975. Thus, § 7-2-314's requirement that the seller be a `merchant with respect to goods of that kind' is met, and the record shows that Tucker has presented…”
Ex Parte Gen. Motors Corp., 769 So. 2d 903 (Ala. 1999).
“Thus, § 7-2-314's requirement that the seller be a "merchant with respect to goods of that kind" is met, and the record shows that Tucker has presented substantial evidence of the existence of the implied warranty.”
Wellcraft Marine v. Zarzour, 577 So. 2d 414 (Ala. 1990).
“) "Seller" is defined as "a person who sells or contracts to sell goods," § 7-2-103(1)(d). Further, § 7-2-314 (the implied warranty of merchantability section) and § 7-2-315 (the implied warranty of fitness for a particular purpose section) both apply to the "seller.”
Smith's Sports Cycles, Inc. v. Am. Suzuki Motor Corp.., 82 So. 3d 682 (Ala. 2011).
· cites it 2× “The Franchise Act also requires that a manufacturer act in good faith when terminating a franchise relationship: “Good faith under the [Franchise] Act means: ‘Honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and…”
Gen. Elec. Credit Corp. v. Humble, 532 F. Supp. 703 (M.D. Ala. 1982).
· cites it 3× “Good faith is also defined in Section 7-2-103(l)(b), which is expressly applicable to merchants, as “honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.”
Snell v. G.D. Searle & Co., 595 F. Supp. 654 (N.D. Ala. 1984).
· cites it 2× “2d at 513 ; Ala.Code § 7-2-103(1)(a) (1975). If Nancy Snell here paid the slightest consideration to her physician or to her pharmacist for her IUD, she thereupon became a “buyer” in the chain of distribution, as opposed to a simple third party beneficiary of any implied…”
State v. Bradford, 368 So. 2d 317 (Ala. Crim. App. 1979).
“" § 7-2-103(1)(b), Code of Alabama, 1975. See also provisions of the Harrison Narcotic Act, 26 U.”
Ballard v. Gen. Motors LLC (M.D. Ala. 2021).
· cites it 4× “2013) (“An implied warranty of merchantability exists only if there is a ‘seller,’ as that term is defined in § 7-2-103 . . . .”). The Supreme Court of Alabama’s later decision in Ex parte General Motors Corp.”
Diesel \Repower\", 271 F.3d 1318 (2001).
· cites it 2× “In determining the applicability of the limitation of liability clause Islander asserts that the district court should have applied Ala.Code § 7-2-103(l)(b) (1975). The code imposes and defines a “good faith” requirement on merchants.”
— Ala. Code § 7-2-103(1)(a) — 1 case
Snell v. G.D. Searle & Co., 595 F. Supp. 654 (N.D. Ala. 1984).
“2d at 513 ; Ala.Code § 7-2-103(1)(a) (1975). If Nancy Snell here paid the slightest consideration to her physician or to her pharmacist for her IUD, she thereupon became a “buyer” in the chain of distribution, as opposed to a simple third party beneficiary of any implied…”
— Ala. Code § 7-2-103(1)(b) — 1 case
State v. Bradford, 368 So. 2d 317 (Ala. Crim. App. 1979).
“" § 7-2-103(1)(b), Code of Alabama, 1975. See also provisions of the Harrison Narcotic Act, 26 U.”
— Ala. Code § 7-2-103(1)(d) — 4 cases
Wellcraft Marine v. Zarzour, 577 So. 2d 414 (Ala. 1990).
“) "Seller" is defined as "a person who sells or contracts to sell goods," § 7-2-103(1)(d). Further, § 7-2-314 (the implied warranty of merchantability section) and § 7-2-315 (the implied warranty of fitness for a particular purpose section) both apply to the "seller.”
Ballard v. Gen. Motors LLC (M.D. Ala. 2021).
“2013) (“An implied warranty of merchantability exists only if there is a ‘seller,’ as that term is defined in § 7-2-103 . . . .”). The Supreme Court of Alabama’s later decision in Ex parte General Motors Corp.”
— Ala. Code § 7-2-103(2) — 1 case
— Ala. Code § 7-2-103(d) — 1 case
Alabama Powersport Auction, LLC v. Wiese, 143 So. 3d 713 (Ala. 2013).
“Code 1975, defines “merchant” as follows: “ ‘Merchant’ means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill…”
— Ala. Code § 7-2-103(l)(a) — 1 case
— Ala. Code § 7-2-103(l)(b) — 3 cases
Gen. Elec. Credit Corp. v. Humble, 532 F. Supp. 703 (M.D. Ala. 1982).
“Good faith is also defined in Section 7-2-103(l)(b), which is expressly applicable to merchants, as “honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.”
Smith's Sports Cycles, Inc. v. Am. Suzuki Motor Corp.., 82 So. 3d 682 (Ala. 2011).
“The Franchise Act also requires that a manufacturer act in good faith when terminating a franchise relationship: “Good faith under the [Franchise] Act means: ‘Honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and…”
Diesel \Repower\", 271 F.3d 1318 (2001).
“In determining the applicability of the limitation of liability clause Islander asserts that the district court should have applied Ala.Code § 7-2-103(l)(b) (1975). The code imposes and defines a “good faith” requirement on merchants.”
— Ala. Code § 7-2-103(l)(d) — 2 cases
Alabama Powersport Auction, LLC v. Wiese, 143 So. 3d 713 (Ala. 2013).
“Code 1975, defines “merchant” as follows: “ ‘Merchant’ means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill…”
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