70A-2-105 - Definitions -- Transferability -- "Goods" -- "Future" goods -- "Lot" -- "Commercial unit." - Utah Statutes

70A-2-105. Definitions -- Transferability -- "Goods" -- "Future" goods -- "Lot" --"Commercial unit."

(1) "Goods" means all things (including specially manufactured goods) which aremovable at the time of identification to the contract for sale other than the money in which theprice is to be paid, investment securities (chapter 8) and things in action. "Goods" also includesthe unborn young of animals and growing crops and other identified things attached to realty(Section 70A-2-107).
(2) 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 offuture goods or of any interest therein operates as a contract to sell.
(3) There may be a sale of a part interest in existing identified goods.
(4) An undivided share in an identified bulk of fungible goods is sufficiently identified tobe sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulkor any quantity thereof agreed upon by number, weight or other measure may to the extent of theseller's interest in the bulk be sold to the buyer who then becomes an owner in common.
(5) "Lot" means a parcel or a single article which is the subject matter of a separate saleor delivery, whether or not it is sufficient to perform the contract.
(6) "Commercial unit" means such a unit of goods as by commercial usage is a singlewhole for purposes of sale and division of which materially impairs its character or value on themarket or in use. A commercial unit may be a single article (as a machine) or a set of articles (asa suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or anyother unit treated in use or in the relevant market as a single whole.

Enacted by Chapter 154, 1965 General Session