606

LAWS OF MARYLAND

[Ch. 49

AGREEMENT MAY CONTAIN ANY TERM, CONDITION, OR CLAUSE
WHICH IS CONTRARY TO THIS SECTION.

REVISOR'S NOTE: This section presently appears as
Art. 83, §21G.

Subsection (a) of this section is new language
added to avoid undue repetition of the terms
contained in it. The word "individual" is
substituted for "natural person" to conform to
general revision usage.

In subsection (g) of this section, the phrase
"and not in lieu of" is deleted as unnecessary
since use of the phrase "in addition to" is
not intended in any sense to be exclusionary
or limiting. The maxim of expressio unius est
exclusio alterius and doctrines of similar
implication are not intended, therefore, to be
made applicable by reason of the deletion.

In this section, the word "merchandise" is
substituted for "goods" for purposes of
general conformity. (See, e.g., §14—101(d)
which now defines "sale" as referring, inter
alia, to a sale of "merchandise.") Although
present §21G refers to a "sale" which, under
present §20(d) as read in conjunction with
present §20(b), would appear to include a sale
of "intangible" and "real estate," the present
use of the term "goods" in §21G implies that
the section was only intended to apply to
goods and not to intangibles or real property.
This revision reflects that implication.

The only other changes are in style.

14-1103. WAIVER BY CONSUMER INVALID IN CERTAIN REPLEVIN
ACTIONS.

(A) DEFINITION.

IN THIS SECTION "CONSUMER TRANSACTION" MEANS A
TRANSACTION IN WHICH:

(1)    CREDIT IS EXTENDED BY ONE REGULARLY
ENGAGED IN THE BUSINESS OF EXTENDING CREDIT IN CREDIT
TRANSACTIONS OF THE SAME TYPE;

(2)   THE CREDITOR ACQUIRES A SECURITY INTEREST
IN TANGIBLE PERSONAL PROPERTY OF THE DEBTOR; AND

(3) THE DEBT IS INCURRED BY AN INDIVIDUAL
PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.