Ark. Code Ann. » Title 4 Chapter 01
Arkansas Code Annotated

Ark. Code Ann. § 4-1-103 (2020)

Construction of subtitle to promote its purposes and policies — Applicability of supplemental principles of law

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. This subtitle shall be liberally construed and applied to promote its underlying purposes and policies, which are:
    1. to simplify, clarify, and modernize the law governing commercial transactions;
    2. to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
    3. to make uniform the law among the various jurisdictions.
  2. Unless displaced by the particular provisions of this subtitle, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

History. Acts 1961, No. 185, § 1-103; reen. 1967, No. 303, § 1 (1-103); A.S.A. 1947, § 85-1-103; Acts 2005, No. 856, § 3.

Case Notes

Custom.

While the Uniform Commercial Code apparently did not directly contemplate the use of money orders and made no specific provision for them, it is the custom and practice of the business community to accept personal money orders as a pledge of the issuing bank's credit so that a court may consider this custom and practice in construing the legal effect of such instruments. Sequoyah State Bank v. Union Nat'l Bank, 274 Ark. 1, 621 S.W.2d 683 (1981).

Estoppel.

Buyer held to be prevented from asserting defense of statute of frauds under § 4-2-201 because of the doctrine of promissory estoppel. Ralston Purina Co. v. McCollum, 271 Ark. 840, 611 S.W.2d 201 (1981).

Executions.

The term “bill of debt” in the current execution statute, § 16-66-201(5), is meaningless because the law in this area is superseded by the provisions of the Uniform Commercial Code. In re Frazier, 136 B.R. 199 (Bankr. W.D. Ark. 1991).

Cited: Pachter, Gold & Schaffer v. Yantis, 742 F. Supp. 544 (W.D. Ark. 1990); TB of Blytheville, Inc. v. Little Rock Sign & Emblem, Inc., 328 Ark. 688, 946 S.W.2d 930 (1997); Metro. Nat'l Bank v. La Sher Oil Co., 81 Ark. App. 269, 101 S.W.3d 252 (2003).

Notes of Decisions
Cited in 7 cases, 1990–2003 · leading case: TB of Blythesville, Inc. v. Little Rock Sign & Emblem, Inc., 946 S.W.2d 930 (Ark. 1997).
Sort: Relevance Newest Treatment
TB of Blythesville, Inc. v. Little Rock Sign & Emblem, Inc., 946 S.W.2d 930 (Ark. 1997). · cites it 4× “Ark.Code Ann. § 4-1-103 (1991) (emphasis supplied).”
Gordon v. Planters & Merchants Bancshares, Inc., 935 S.W.2d 544 (Ark. 1996). · cites it 4× “See Ark.Code Ann. § 4-1-103. There is no suggestion that an intentional tort cause of action was tried by consent of the parties and there was no request at trial to amend the pleadings to conform to such proof.”
Walker v. Grant Cnty. Sav. & Loan Ass'n, 803 S.W.2d 913 (Ark. 1991). · cites it 4× “See Ark.Code Ann. § 4-1-103 (1987) which provides, "Unless displaced by the particular provisions of this subtitle, the principles of law and equity, including.”
Adams v. Wacaster Oil Co., 98 S.W.3d 832 (Ark. Ct. App. 2003). · cites it 4× “Specifically, appellants contend that a breach-of-contract claim is not displaced by a breach-of-warranty claim pursuant to Ark. Code Ann. § 4-1-103 (Repl.2001), which provides: Unless displaced by the particular provisions of this subtitle, the principles of law and equity,…”
Metro. Nat'l Bank v. La Sher Oil Co., 101 S.W.3d 252 (Ark. Ct. App. 2003). · cites it 2× “Section 4-1-103 directs that the Uniform Commercial Code be supplemented by “principles of law and equity.”
Pachter, Gold & Schaffer v. Yantis, 742 F. Supp. 544 (W.D. Ark. 1990). · cites it 2× “” A.C.A. § 4-1-103 (1987). Section 9-204, as codified in Arkansas, provides that “a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless .”
In re Frazier, 136 B.R. 199 (Bankr. W.D. Ark. 1991). · cites it 2× “§ 4-3-101 to -805 (1987 and 1991 Supp.Vol. 2)).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.