Colo. Rev. Stat. § 4-1-102

Scope of article

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This article applies to a transaction to the extent that it is governed by any other article of this title. Source: L. 2006: Entire article R&RE, p. 457, § 1, effective September 1.

4-1-103. Construction of act to promote its purposes and policies - applicability of supplemental principles of law. (a) This title 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. (b) Unless displaced by the particular provisions of this title, 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, or other validating or invalidating cause shall supplement its provisions.

Source: L. 2006: Entire article R&RE, p. 457, § 1, effective September 1.

Editor's note: This section is similar to former §§ 4-1-102 (1) and (2) and 4-1-103 as they existed prior to 2006.

Notes of Decisions
Cited in 10 cases, 1976–1996 · leading case: Keller v. A.O. Smith Harvestore Products, Inc.
Keller v. A.O. Smith Harvestore Products, Inc. (1991) colo · cites it 6× “The official comment to section 4-1-102 of the Uniform Commercial Code (Code) which governs commercial transactions in Colorado provides that freedom to contract is a principle of the Code.”
May v. Women's Bank, N.A. (1991) colo · cites it 9× “Section 4-1-102 of the Code describes the rules of construction to be applied throughout the Code in the following pertinent language: Purposes — rules of construction— variation by agreement.”
Amoco Oil Co. v. Ervin (1996) colo · cites it 2× “(1992), states that "[e]very contract or duty within this title imposes an obligation of good faith in its performance or enforcement," § 4-1-102(3), 2 C.R.S. (1992), provides that "parties may by agreement determine the standards by which the performance of [good faith] is to…”
Colorado Interstate Gas Co. v. Chemco, Inc. (1992) coloctapp · cites it 2× “, supra, the parties can vary the provisions of the UCC by agreement, § 4-1-102(3), C.R.S., and by agreement may limit or alter the measure of damages recoverable.”
Moffat County State Bank v. Producers Livestock Marketing Ass'n (1984) cod · cites it 2× “Although one of the purposes of the Uniform Commercial Code is “to make uniform the law among the various jurisdictions,” Colo.Rev.Stat. § 4-1-102(2)(c) (1973), courts have split widely on the question whether the secured party authorized sale of the collateral or waived its…”
Midland Bean Company v. Farmers State Bank (1976) coloctapp · cites it 3× “" Section 4-1-102, C.R.S. 1973. "Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant.”
Cooley v. Big Horn Harvestore Systems, Inc. (1991) colo “§ 4-1-102, 2 C.R.S. (1973). It also provides that the remedies provided thereunder are to be liberally administered to further those ends.”
Boyd v. A.O. Smith Harvestore Products, Inc. (1989) coloctapp · cites it 2× “See § 4-1-102, C.R.S., and Official Comment 2 thereto.”
Colorado Interstate Gas Co. v. Chemco, Inc. (1993) colo “The parties may vary the provisions of the UCC by agreement, § 4-1-102(3), 2 C.R.S. (1992), and “may provide for remedies in addition to or in substitution for those provided” by the UCC.”
Travis v. La Junta State Bank (1984) coloctapp · cites it 3× “Section 4-1-102, C.R.S. The comment to § 4-4-205, C.”
— Colo. Rev. Stat. § 4-1-102(1) — 1 case
May v. Women's Bank, N.A. (1991) colo “Section 4-1-102 of the Code describes the rules of construction to be applied throughout the Code in the following pertinent language: Purposes — rules of construction— variation by agreement.”
— Colo. Rev. Stat. § 4-1-102(2)(c) — 1 case
Moffat County State Bank v. Producers Livestock Marketing Ass'n (1984) cod “Although one of the purposes of the Uniform Commercial Code is “to make uniform the law among the various jurisdictions,” Colo.Rev.Stat. § 4-1-102(2)(c) (1973), courts have split widely on the question whether the secured party authorized sale of the collateral or waived its…”
— Colo. Rev. Stat. § 4-1-102(3) — 4 cases
Amoco Oil Co. v. Ervin (1996) colo “(1992), states that "[e]very contract or duty within this title imposes an obligation of good faith in its performance or enforcement," § 4-1-102(3), 2 C.R.S. (1992), provides that "parties may by agreement determine the standards by which the performance of [good faith] is to…”
May v. Women's Bank, N.A. (1991) colo “Section 4-1-102 of the Code describes the rules of construction to be applied throughout the Code in the following pertinent language: Purposes — rules of construction— variation by agreement.”
Colorado Interstate Gas Co. v. Chemco, Inc. (1992) coloctapp “, supra, the parties can vary the provisions of the UCC by agreement, § 4-1-102(3), C.R.S., and by agreement may limit or alter the measure of damages recoverable.”
Colorado Interstate Gas Co. v. Chemco, Inc. (1993) colo “The parties may vary the provisions of the UCC by agreement, § 4-1-102(3), 2 C.R.S. (1992), and “may provide for remedies in addition to or in substitution for those provided” by the UCC.”
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.