(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 portions thereof, and the sections in which they appear are: "Acceptance". Section 4-2-606. "Banker's credit". Section 4-2-325. "Between merchants". Section 4-2-104. "Cancellation". Section 4-2-106 (4). "Commercial unit". Section 4-2-105. "Confirmed credit". Section 4-2-325. "Conforming to contract". Section 4-2-106. "Contract for sale". Section 4-2-106. "Cover". Section 4-2-712. "Entrusting". Section 4-2-403. "Financing agency". Section 4-2-104. "Future goods". Section 4-2-105. "Goods". Section 4-2-105. "Identification". Section 4-2-501. "Installment contract". Section 4-2-612. "Letter of credit". Section 4-2-325. "Lot". Section 4-2-105. "Merchant". Section 4-2-104. "Overseas". Section 4-2-323. "Person in position of seller". Section 4-2-707. "Present sale". Section 4-2-106. "Sale". Section 4-2-106. "Sale on approval". Section 4-2-326. "Sale or return". Section 4-2-326. "Termination". Section 4-2-106.
(3) "Control" as provided in section 4-7-106 and the following definitions in other articles apply to this article: "Check". Section 4-3-104. "Consignee". Section 4-7-102. "Consignor". Section 4-7-102. "Consumer goods". Section 4-9-102. "Dishonor". Section 4-3-502. "Draft". Section 4-3-104.
(4) In addition, article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
Source: L. 65: p. 1298, § 1. C.R.S. 1963: § 155-2-103. L. 99: (3) amended, p. 616, § 2, effective August 4. L. 2001: (3) amended, p. 1436, § 18, effective July 1. L. 2006: (3) amended, p. 490, § 3, effective September 1. L. 2007: (3) amended, p. 374, § 27, effective August 3. Cross references: For the delegation of performance and assignment of rights, see § 4-2- 210.
Notes of Decisions
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984).
· cites it 4× “Petri in this case was Palmer's immediate seller. Dr. Petri became aware, before Palmer did, that the shield was responsible for her injuries.”
Homier v. Faricy Truck & Equip. Co., 784 P.2d 798 (Colo. Ct. App. 1989).
· cites it 4× “, and Homier as a “buyer,” see § 4-2-103, C.R.S., completed a “sale” of those goods because there was a “passing of title from the seller to the buyer for a price.”
Master Palletizer Sys., Inc. v. T.S. Ragsdale Co., 725 F. Supp. 1525 (D. Colo. 1989).
· cites it 2× “C.R.S. § 4-2-103(b). I conclude as a matter of law that Master has failed to meet its burden of proof regarding Ragsdale’s breach of the conven-ant of good faith and fair dealing.”
Cugnini v. Reynolds Cattle Co., 687 P.2d 962 (Colo. 1984).
· cites it 2× “” According to section 4-2-103(l)(b), 2 C.R.S. (1973), “ ‘[g]ood faith’ in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.”
Cooley v. Big Horn Harvestore Sys., Inc., 813 P.2d 736 (Colo. 1991).
“” § 4-2-103(l)(d), 2 C.R.S. (1973). The official comment to the Code states in pertinent part that “the rule of requiring notification is designed to defeat commercial bad faith, not to deprive a good faith consumer of his remedy.”
Lease Fin., Inc. v. Burger, 575 P.2d 857 (Colo. Ct. App. 1977).
“Although a lessee of a machine, such as the Burgers, does not directly receive the benefits of the warranties made by the seller to the lessor, see §§ 4-2-103(1)(a) and (d), 4-2-313, 4-2-314, and 2-4-315, C.”
— Colo. Rev. Stat. § 4-2-103(1)(a) — 1 case
Lease Fin., Inc. v. Burger, 575 P.2d 857 (Colo. Ct. App. 1977).
“Although a lessee of a machine, such as the Burgers, does not directly receive the benefits of the warranties made by the seller to the lessor, see §§ 4-2-103(1)(a) and (d), 4-2-313, 4-2-314, and 2-4-315, C.”
— Colo. Rev. Stat. § 4-2-103(1)(d) — 1 case
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984).
“Petri in this case was Palmer's immediate seller. Dr. Petri became aware, before Palmer did, that the shield was responsible for her injuries.”
— Colo. Rev. Stat. § 4-2-103(b) — 1 case
Master Palletizer Sys., Inc. v. T.S. Ragsdale Co., 725 F. Supp. 1525 (D. Colo. 1989).
“C.R.S. § 4-2-103(b). I conclude as a matter of law that Master has failed to meet its burden of proof regarding Ragsdale’s breach of the conven-ant of good faith and fair dealing.”
— Colo. Rev. Stat. § 4-2-103(l)(a) — 2 cases
Homier v. Faricy Truck & Equip. Co., 784 P.2d 798 (Colo. Ct. App. 1989).
“, and Homier as a “buyer,” see § 4-2-103, C.R.S., completed a “sale” of those goods because there was a “passing of title from the seller to the buyer for a price.”
— Colo. Rev. Stat. § 4-2-103(l)(b) — 1 case
Cugnini v. Reynolds Cattle Co., 687 P.2d 962 (Colo. 1984).
“” According to section 4-2-103(l)(b), 2 C.R.S. (1973), “ ‘[g]ood faith’ in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.”
— Colo. Rev. Stat. § 4-2-103(l)(d) — 2 cases
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984).
“Petri in this case was Palmer's immediate seller. Dr. Petri became aware, before Palmer did, that the shield was responsible for her injuries.”
Cooley v. Big Horn Harvestore Sys., Inc., 813 P.2d 736 (Colo. 1991).
“” § 4-2-103(l)(d), 2 C.R.S. (1973). The official comment to the Code states in pertinent part that “the rule of requiring notification is designed to defeat commercial bad faith, not to deprive a good faith consumer of his remedy.”
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