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Article 9 of the UCC governs any transaction that is voluntary and commercial and which creates an interest in personal property. Personal property may include fixtures, which are personal property that is attached to real property, such as a furnace.
To prove a breach of contract the moving party must show ?(1) the existence of a contract; (2) the terms and conditions of the contract; (3) that [the moving party] has performed all the terms and conditions required under the contract; (4) [the opposing party] breach of the contract in some particular way; and (5) ...
Article 9 is a section under the UCC governing secured transactions including the creation and enforcement of debts. Article 9 spells out the procedure for settling debts, including various types of collateralized loans and bonds.
Article 9 definitions. In this Article: a. ?Accession? means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.
Delegation occurs when a party to the contract transfers the responsibility and authority for performing a particular contractual duty to another party. Delegation doesn't involve the transfer of contractual rights. In an assignment, the rights, or benefits, of the contract are assigned to another party.
Iowa has adopted the following Articles of the UCC: Article 3: Negotiable instruments: UCC Article 3 applies to negotiable instruments.
Generally, a secured creditor may seek to enforce its rights on its collateral upon a debtor's default. A secured creditor's remedies include an Article 9 sale, which is the right to sell the debtor's collateral to a third party in a private or public sale while avoiding any judicial proceedings.
The main point of Article 9 is to be a secured creditor: If a creditor is secured it has a claim in something of the buyer's (the goods exchanged for future payment or other collateral). This gives the creditor: Right of repossession of goods extended in exchange for future payment if the payment is never made.