Delaware Code

6 Del. C. § 2-102 (2026)

Scope; certain security and other transactions excluded from this article

✓ current as of May 2026
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(1) Unless the context otherwise requires, and except as provided in subsection (3), this Article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2).

(2) In a hybrid transaction:

(a) If the sale-of-goods aspects do not predominate, only the provisions of this Article which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.

(b) If the sale-of-goods aspects predominate, this Article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.

(3) This Article does not:

(a) apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or

(b) impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.

5A Del. C. 1953, §§  2-10255 Del. Laws, c. 34984 Del. Laws, c. 174, § 5
Notes of Decisions
Cited in 7 cases, 1977–2020 · leading case: McClain v. Faraone, 369 A.2d 1090 (Del. Super. Ct. 1977).
McClain v. Faraone, 369 A.2d 1090 (Del. Super. Ct. 1977). “…to the matter being considered here. Weed v. Lyons Petroleum, Co., D.Del., 294 F. 725 (1923), aff’d., 300 F. 1006 ; 6 Del.C. § 2-102.”
True North Composites, LLC v. Trinity Indus., Inc., 191 F. Supp. 2d 484 (D. Del. 2002). “” 6 Del. C. § 2-102. “Goods” are defined by the U.”
Transportes Aereos De Angola v. Ronair, Inc., 693 F. Supp. 102 (D. Del. 1988). “6 Del.C. §§ 2-102, 2-103. As discussed supra, it is uncontroverted that the parties entered into a valid and binding contract.”
True North Composites, LLC v. Trinity Indus., Inc., 65 F. App'x 266 (Fed. Cir. 2003). “The court reasoned that, because the UCC only applies to “transaction[s] in goods,” 6 Del. C § 2-102, and because the Agreement was a mixed contract for goods and services, a threshold determination must be made as to “whether the contract is predominantly or primarily a…”
Kathleen M. Szczerba v. Am. Cigarette Outlet, Inc. (Del. Super. Ct. 2016). “” 45 Both implied 42 6 Del. C. §§ 2-102, 2-105. 43 6 Del. C. § 2-314(1).”
August v. Hernandez (Del. Super. Ct. 2020). “° 6 Del. C. § 2-102. 10 Spaeder v. Univ. of Delaware, 2007 WL 3105100 , at *2 (Del.”
World Class Wholesale LLC v. Star Indus., Inc. (Del. Super. Ct. 2020). “) (referring to 6 Del. C. § 2-102 (“[T]his Article applies to transactions in goods.”
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