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Session Laws, 1963
Volume 671, Page 791   View pdf image (33K)
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J. MILLARD TAWES, Governor                        793

(41) "Telegram" includes a message transmitted, by radio, tele-
type, cable, any mechanical method of transmission, or the like.

(42) "Term" means that portion of an agreement which relates
to a particular matter.

(43)  "Unauthorized signature or indorsement" means one made
without actual, implied or apparent authority and includes a forgery.

(44)  "Value". Except as otherwise provided with respect to nego-
tiable instruments and bank collections (Sections 3
303, 4208 and
4
209) a person gives "value" for rights if he acquires them

(a)  in return for a binding commitment to extend credit or for
the extension of immediately available credit whether or not drawn
upon and whether or not a charge-back is provided for in the event
of difficulties in collection; or

(b)  as security for or in total or partial satisfaction of a pre-exist-
ing claim; or

(c)  by accepting delivery pursuant to a pre-existing contract for
purchase; or

(d)  generally, in return for any consideration sufficient to support
a simple contract.

(45)  "Warehouse receipt" means a receipt issued by a person en-
gaged in the business of storing goods for hire.

(46) "Written" or "writing" includes printing, typewriting or any
other intentional reduction to tangible form.

1202. Prima Facie Evidence by Third Party Documents.

A document in due form purporting to be a bill of lading, policy
or certificate of insurance, official weigher's or inspector's certificate,
consular invoice, or any other document authorized or required by
the contract to be issued by a third party shall be prima facie evi-
dence of its own authenticity and genuineness and of the facts stated
in the document by the third party.

1203. Obligation of Good Faith.

Every contract or duty within this Article imposes an obligation
of good faith in its performance or enforcement.

1204. Time: Reasonable Time; "Seasonably".

(1)  Whenever this Article requires any action to be taken within
a reasonable time, any time which is not manifestly unreasonable
may be fixed by agreement.

(2)   What is a reasonable time for taking any action depends on
the nature, purpose and circumstances of such action.

(3)  An action is taken "seasonably" when it is taken at or within
the time agreed or if no time is agreed at or within a reasonable time.

1205. Course of Dealing and Usage of Trade.

(1) A course of dealing is a sequence of previous conduct between
the parties to a particular transaction which is fairly to be regarded


 

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Session Laws, 1963
Volume 671, Page 791   View pdf image (33K)
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