Chapter 81 — Tender
and Receipts; Choice of Forum in Contracts
2011 EDITION
TENDER AND RECEIPTS; CHOICE OF FORUM
COMMERCIAL TRANSACTIONS
TENDER AND RECEIPTS
81.010 Effect
of unaccepted offer in writing to pay or deliver
81.020 Objection
to tender
81.030 Receipt
for paying money or delivering instruments or property
CHOICE OF FORUM PROVISIONS IN CONSUMER
CONTRACTS
81.150 Revocation
of contract provision requiring consumer to assert claim outside state;
requirements; attorney fees
TENDER AND RECEIPTS
81.010 Effect of unaccepted offer in writing
to pay or deliver. An offer in writing to pay a
particular sum of money or to deliver a written instrument or specific personal
property is, if not accepted, equivalent to the actual production and tender of
the money, instrument or property.
81.020 Objection to tender.
The person to whom a tender is made shall at that time specify any objection
the person may have to the money, instrument or property or the person shall be
deemed to have waived it; and if the objection is to the amount of money, the
terms of the instrument or the amount or kind of property, the person must
specify the amount, terms or kind which the person requires or be precluded
from objecting afterwards.
81.030 Receipt for paying money or
delivering instruments or property. Whoever pays
money or delivers an instrument or property is entitled to a receipt therefor from the person to whom the payment or delivery is
made, and may demand a proper signature to such receipt as a condition of the
payment or delivery.
81.100 [2001
c.164 §1; renumbered 15.300 in 2011]
81.102 [2001
c.164 §2; 2011 c.129 §1; renumbered 15.305 in 2011]
81.105 [2001
c.164 §3; renumbered 15.320 in 2011]
81.110 [2001
c.164 §4; renumbered 15.325 in 2011]
81.112 [2001
c.164 §5; renumbered 15.330 in 2011]
81.115 [2001
c.164 §6; renumbered 15.335 in 2011]
81.120 [2001
c.164 §7; renumbered 15.350 in 2011]
81.125 [2001
c.164 §8; renumbered 15.355 in 2011]
81.130 [2001
c.164 §9; renumbered 15.360 in 2011]
81.135 [2001
c.164 §10; renumbered 15.380 in 2011]
CHOICE OF FORUM PROVISIONS IN CONSUMER
CONTRACTS
81.150 Revocation of contract provision
requiring consumer to assert claim outside state; requirements; attorney fees.
(1) For the purposes of this section:
(a)
“Consumer” means an individual who is purchasing goods or services for
personal, family or household purposes.
(b)
“Consumer contract” means a contract entered into by a consumer for the
purchase of goods or services for personal, family or household purposes, in
which the total cost of the purchase is $15,000 or less.
(2)
A consumer may revoke a provision in a consumer contract that requires the
consumer to assert a claim against the other party to the contract, or respond
to a claim by the other party to the contract, in a forum that is not in this
state. If the provision requires arbitration in a forum that is not in this
state, the sole effect of a revocation under this section is that any
evidentiary hearing, oral argument or other proceeding that requires or allows
attendance by the consumer must be conducted in this state.
(3)
Revocation of a provision under this section must be made in writing and
communicated by the consumer to the other party within a reasonable time after
a dispute arises.
(4)
This section applies only to a consumer contract that was entered into by a
consumer when the consumer was a resident of this state.
(5)
A party seeking to enforce a revoked provision is liable for reasonable
attorney fees incurred by a consumer in any litigation that results from the
attempted enforcement of the revoked provision. [2007 c.890 §1]
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