Ohio Revised Code Search

...eeds of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (2) injury to person or property proximately resulting from any breach of warranty.

...of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's r...

...f "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.

...ission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.

...deration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in division (A) of this section, the instrument is ...

...bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument. (B) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represe...

... obligation to pay money under a simple contract. (B) The discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

...ble to tender of payment under a simple contract. (B) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (C) If tender of ...

...nce or nonperformance of the underlying contract, arrangement, or transaction; (2) An act or omission of others; or (3) Observance or knowledge of the usage of a particular trade other than the standard practice referred to in division (E) of this section. (G) If an undertaking constituting a letter of credit under division (A)(10) of section 1305.01 of the Revised Code contains nondocumentary conditions, an issue...

...ecause it is in electronic form. (B) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (C) If a law requires a record to be in writing, an electronic record satisfies the law. (D) If a law requires a signature, an electronic signature satisfies the law.

...ng the law of mistake, and the parties' contract, if any. (C) Divisions (A)(2) and (B) of this section may not be varied by agreement.

...(A) A provision of a nonelectronic contract involving a consumer and to which a state agency or a county office is not a party that authorizes the conducting of a transaction or any part of a transaction by electronic means is unenforceable against the consumer, unless the consumer separately signs the provision. (B) A consumer's agreement to conduct a transaction or a part of a transaction electronically shall not ...

... responsibility or liability under the contract of carriage to any person other than the shipper.

...r's duty to transfer a security under a contract of purchase is not fulfilled until he: (1) Places a certificated security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated the purchaser; (2) Causes an uncertificated security to be registered in the name of the purchaser or a person designated by the purchaser; or (3) If the purchaser requests, causes an acknow...

...underlying financial asset or commodity contract. (E) A description only by type of collateral defined in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code is an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.

... the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; and (5) A secured party having control of a letter-of-credit right under section 1309.107 of the Revised Code shall send to each person having an unf...

...ts a security interest in the commodity contracts carried in the commodity account.

... (K) A security interest in a commodity contract or a commodity account created by a commodity intermediary; (L) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and (M) A security interest created by an assignment of a beneficial interest in a decedent's estate.

...or (2) Forty-five days after the lease contract becomes enforceable. (G) Division (F) of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.

...m the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debtor against the assignor that accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee. (B) Subject to division (C) of this section and except as provided in division (D) of this section, the claim of an account debtor against an assignor may be asse...

...isposed of collateral or entered into a contract for its disposition under section 1309.610 of the Revised Code; or (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under section 1309.622 of the Revised Code.

...l be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (B) To be merchantable, goods shall at least satisfy the following: (1) Pass without objection in the trade under the description in the lease agreement; (2) In the case of fungible goods, be of fair average quality within the description; (3) Be fit for the ordinary purposes for which goods of that ty...

...e lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination in the circumstances should have revealed. (3) An implied warranty also may be excluded or modified by course of dealing, course of performance or usage of trade. (D) To exclude or modify a warr...

...sting goods are identified to the lease contract, even though the goods identified are nonconforming, and the lessee has an option to reject them. (B) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified. (C) Notwithstanding ...

...ollowing rules apply: (1) If the lease contract requires or authorizes the goods to be shipped by carrier and does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier. If it does require delivery at a particular destination and the goods are duly tendered at that particular destination while in the possession of the carrier, the ris...