Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-105 (2026)

Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit"

✓ current as of May 2026

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(1). Goods. "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section 2‑107).

(2). Future goods. Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are "future" goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(3). Part interest. There may be a sale of a part interest in existing identified goods.

(4). Undivided shares. An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.

(5). Lot. "Lot" means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(6). Commercial unit. "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross or carload) or any other unit treated in use or in the relevant market as a single whole.

Notes of Decisions

Cited in 7 cases, 1981–2005 · leading case: MAINE SURGICAL SUPPLY, CO. v. Intermedics Orthopedics, Inc., 756 F. Supp. 597 (D. Me. 1991).

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MAINE SURGICAL SUPPLY, CO. v. Intermedics Orthopedics, Inc., 756 F. Supp. 597 (D. Me. 1991). “See 11 M.R.S.A. § 2-105(1) (defining “goods”).”

Inhabitants of City of Saco v. Gen. Elec. Co., 779 F. Supp. 186 (D. Me. 1991). “8 Section 2-102 makes the Code’s provisions applicable only to the sales of goods. Goods are defined as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale_” 11 M.”

Lucien Bourque, Inc. v. Cronkite, 557 A.2d 193 (Me. 1989). “11 M.R.S.A. § 2-105(1) (1964). When as here the transaction involves provision of both goods and services, the question for application of the U.”

Faulkingham v. Seacoast Subaru, Inc., 577 A.2d 772 (Me. 1990). “” 11 M.R.S.A. § 2-105(1). 2 . The purchase price was $6495, exclusive of tax, title and filing fees.”

Bell v. Red Ball Potato Co., Inc., 430 A.2d 835 (Me. 1981). “Under these circumstances, the court properly determined that a truckload of potatoes was a single “commercial unit” as defined in 11 M.R.S.A. § 2-105(6). 4 Since “[acceptance of a part of any commercial unit is acceptance of that entire unit,” 11 M.”

Cloutier v. Kennebec Tool & Die Co., Inc. (Me. Super. Ct 2001). “2000). The appellant’s position is that the sale of the grinding tool falls squarely within the definition of sale of goods as contemplated by UCC Article 2.”

Voss v. Woodmaster of Maine, Inc. (Me. Super. Ct 2005). “Title 11 M.R.S.A. § 2-105 defines "goods" as "all h n g s (including specially manufactured goods) whch are movable at the time of identification to the 4 The court notes that this was an action by a consumer against a manufacturer for the sale of hardboard siding.”

— Me. Rev. Stat. tit. 11, § 2-105(1) — 4 cases

MAINE SURGICAL SUPPLY, CO. v. Intermedics Orthopedics, Inc., 756 F. Supp. 597 (D. Me. 1991). “See 11 M.R.S.A. § 2-105(1) (defining “goods”).”

Lucien Bourque, Inc. v. Cronkite, 557 A.2d 193 (Me. 1989). “11 M.R.S.A. § 2-105(1) (1964). When as here the transaction involves provision of both goods and services, the question for application of the U.”

Faulkingham v. Seacoast Subaru, Inc., 577 A.2d 772 (Me. 1990). “” 11 M.R.S.A. § 2-105(1). 2 . The purchase price was $6495, exclusive of tax, title and filing fees.”

Cloutier v. Kennebec Tool & Die Co., Inc. (Me. Super. Ct 2001). “2000). The appellant’s position is that the sale of the grinding tool falls squarely within the definition of sale of goods as contemplated by UCC Article 2.”

— Me. Rev. Stat. tit. 11, § 2-105(6) — 1 case

Bell v. Red Ball Potato Co., Inc., 430 A.2d 835 (Me. 1981). “Under these circumstances, the court properly determined that a truckload of potatoes was a single “commercial unit” as defined in 11 M.R.S.A. § 2-105(6). 4 Since “[acceptance of a part of any commercial unit is acceptance of that entire unit,” 11 M.”

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