Arkansas Code Annotated

Ark. Code Ann. § 4-2-102 (2026)

Scope — Certain security and other transactions excluded from chapter

✓ current as of May 2026
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Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.

History. Acts 1961, No. 185, § 2-102; A.S.A. 1947, § 85-2-102.

Research References

ALR.

Applicability of UCC Article 2 to Mixed Contracts for Sale of Consumer Goods and Services. 1 A.L.R.7th Art. 3 (2015).

Applicability of UCC Article 2 to Mixed Contracts for Sale of Goods and Services: Distributorship, Franchise, and Similar Business Contracts. 8 A.L.R.7th Art. 4 (2015).

Applicability of UCC Article 2 to Mixed Contracts for Sale of Business Goods and Services: Manufacturing, Construction, and Similar Contracts. 15 A.L.R.7th Art. 7 (2015).

Applicability of UCC Article 2 to Mixed Contracts for Sale of Business Goods and Services: Computer Software, Systems, and Similar Contracts. 19 A.L.R.7th Art. 6 (2018).

Sale of Business as Subject to Article 2 of Uniform Commercial Code. 20 A.L.R.7th Art. 1 (2018).

Applicability of UCC Article 2 to Mixed Contracts for Sale of Business Goods and Services Other Than Distributorship, Computer, Manufacturing, Construction, and Similar Contacts. 25 A.L.R.7th Art. 4 (2018).

Computer Software Sales and Licenses as Subject to Article 2 of Uniform Commercial Code. 26 A.L.R.7th Art. 10 (2018).

Case Notes

Contract for Services.

Since this section limits the application of § 4-2-210 to contracts involving the sale of goods, § 4-2-210 was not applicable to contract between general contractor and subcontractor for plumbing work. Newton v. Merchants & Farmers Bank, 11 Ark. App. 167, 668 S.W.2d 51 (1984).

Where the series of agreements at issue was not predominantly for the sale of goods, but was rather for services and the use of a trademark, the Uniform Commercial Code (as enacted by Arkansas) did not apply. JRT Inc. v. TCBY Sys., 52 F.3d 734 (8th Cir. 1995).

Lease Agreement.

Assuming that the provisions of the Uniform Commercial Code applied to the lease of a skid-steer loader used for landscaping, an exculpatory clause contained in the lease agreement stating that the leasing company was not responsible for injuries sustained in the use of the loader was not unconscionable. Jordan v. Diamond Equip. & Supply Co., 362 Ark. 142, 207 S.W.3d 525 (2005).

Cited: Sawyer v. Pioneer Leasing Corp., 244 Ark. 943, 428 S.W.2d 46 (1968); Unlaub Co. v. Sexton, 568 F.2d 72 (8th Cir. 1977); Walt Bennett Ford, Inc. v. Dyer, 4 Ark. App. 354, 631 S.W.2d 312 (1982); Heating & Air Specialists, Inc. v. Jones, 180 F.3d 923 (8th Cir. 1999).

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1991–2025 · leading case: Jordan v. Diamond Equip. & Supply Co., 207 S.W.3d 525 (Ark. 2005).
Jordan v. Diamond Equip. & Supply Co., 207 S.W.3d 525 (Ark. 2005). · cites it 4× “The doctrine has been applicable in law courts in this state at least since the adoption of the Uniform Commercial Code in 1961. Act 185 of 1961, § 2-302.”
Associated Press v. S. Arkansas Radio Co., 809 S.W.2d 695 (Ark. Ct. App. 1991). · cites it 2× “Ark. Code Ann. §4-2-102 . Nevertheless, the Code section on unconscionability has frequently been applied by analogy in non-Code settings.”
Ramthun v. Bryan Career Coll.-Inc., 93 F. Supp. 3d 1011 (W.D. Ark. 2015). · cites it 2× “Ark.Code § 4-2-102. Education does not appear to qualify as a “good” as that term is defined in UCC Article 2.”
Tempur-Pedic Int'l, Inc. v. Waste to Charity, Inc., 483 F. Supp. 2d 766 (W.D. Ark. 2007). · cites it 2× “” Ark.Code Ann. § 4-2-102. A purchase is defined to include “taking by sale .”
Adeli v. Silverstar Auto., Inc. (W.D. Ark. 2018). · cites it 2× “Ark. Code Ann. § 4-2-102 . Because the sale of the Ferrari involved goods worth at least $500, the UCC requires that the contract be reduced to writing.”
Pepper Source, LTD. v. Ozone LLC (W.D. Ark. 2023). · cites it 2× “Ark. Code Ann. § 4-2-102 (the UCC applies to goods); § 4-2-105 (defining goods as “all things (including specially manufactured goods) which are moveable at the time of identification to the contract for sale”).”
Church on the Rock - Texarkana v. Ace Signs of Arkansas, LLC, 2025 Ark. App. 35 (Ark. Ct. App. 2025). · cites it 2× “” Ark. Code Ann. § 4-2-102 (Repl. 2020). “Goods” means all things (including specially manufactured goods) which are moveable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Chapter 8 of this…”
K7 Design Grp., Inc. v. Walmart, Inc. (8th Cir. 2025). “’” (quoting Ark. Code Ann. § 4-2-102 )). See, e.g., Bio-Tech Pharmacal, Inc.”
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