Title 6, Commerce and Trade

§ 2705. Age of majority; capacity to contract. Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared legally incompetent to contract for reasons other than age. Any person who has attained the age of 18 years …

§ 2706. Settlement and release of claims by persons of the age of 18 years or older. Any person of the age of 18 years or older may settle and compromise any claim, demand, or action of any nature which that person may have or which may be asserted against that person without the…

§ 2707. Agreements not to compete. Any covenant not to compete provision of an employment, partnership or corporate agreement between and/or among physicians which restricts the right of a physician to practice medicine in a particular locale and/or for a defined period of time, …

§ 2708. Choice of law. (a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract, agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles of …

§ 2711. Sale of goods; possession; rights of vendor’s creditors. (a) No sale, whether with or without bill of sale, of any goods or chattels, within this State, shall be good in law (except as against the vendor), or shall change or alter the property in such goods or chattels, u…

§ 2712. Promise to pay debt of another under $5. All promises and assumptions, whereby any person undertakes to answer, or pay, for the default, debt, or miscarriage, of another, any sum under $5.00, being proved by the oath or affirmation of the persons to whom such promise and …

§ 2713. Promise of an executor, administrator or other person to pay debt of another. No action shall be brought to charge any executor or administrator upon any special promise to answer damages out of his or her own estate, or to charge any defendant, upon any special promise, …

§ 2714. Necessity of writing for contracts; definition of writing; evidence. (a) No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or conce…

§ 2715. Promise of decedent respecting testamentary disposition of property. No action shall be brought to charge the personal representatives or heirs of any deceased person upon any agreement to make a will of real or personal property, or to give a legacy or make a devise, unl…

§ 2720. Definitions. As used in this subchapter, unless the context requires otherwise: (1) “Construction,” “farm,” “industrial” and “outdoor power,” when used to refer to tractors, implements, attachments or repair parts, have the meanings commonly used and understood among deal…

§ 2721. Notice of termination of contract agreements. (a) Notwithstanding any agreement to the contrary, a supplier who terminates a contract agreement with a dealer shall notify the dealer of the termination not less than 6 months prior to the effective date of the termination. …

§ 2722. Supplier’s requirement to repurchase. (a) Whenever a contract agreement between a dealer and a supplier is terminated by either party, the supplier shall repurchase the dealer’s inventory as provided in this subchapter unless the dealer chooses to keep the inventory. (b) …

§ 2723. Repurchase terms. (a) The supplier shall repurchase from the dealer within 90 days after termination of the contract agreement all inventory previously purchased from the supplier that remains unsold on the date of termination of the agreement. (b) The supplier shall pay …

§ 2724. Exceptions to repurchase requirements. This subchapter does not require repurchase from a dealer of: (1) A repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries. (2) Multiple packaged repair parts when the package has …

§ 2725. Uniform commercial practice. This subchapter does not affect a security interest of the supplier in the inventory of the dealer.66 Del. Laws, c. 173, § 1; 70 Del. Laws, c. 439, § 5;

§ 2726. Warranty claims. If, after the termination of a contract agreement, the dealer submits a warranty claim to the supplier for work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within a maximum of 45 days from the da…

§ 2727. Civil remedy for failure to repurchase. (a) If a supplier fails or refuses to repurchase any inventory covered under this subchapter within the time periods established, the supplier is civilly liable for 100% of the “current net price” of the inventory, plus the amount t…

§ 2731. Definitions. As used in this subchapter: (1) “Automatic renewal provision” means a provision under which a contract is renewed for a specified period of more than 1 month if the renewal causes the contract to be in effect more than 12 months after the day of the initiatio…

§ 2732. Deceptive practices in consumer contracts. In a contract for the sale or lease of merchandise to a consumer, a person engages in a deceptive practice when that person knowingly or recklessly does any of the following: (1) Distorts or obscures the terms, conditions or mean…

§ 2733. Guidelines. The following are factors that a court may consider in determining whether a contract complies with this subchapter: (1) Whether cross-references are confusing. (2) Whether sentences are unreasonably long or complex. (3) Whether sentences contain double negati…

§ 2734. Contracts with automatic renewal provisions. (a) A seller that sells, leases, or offers to sell or lease any merchandise to a consumer under a contract that contains an automatic renewal provision shall disclose the terms of the automatic renewal provision clearly and con…

§ § 2735. Remedies. (a) Any person who engages in a deceptive practice governed by this subchapter shall be liable to a consumer in an amount equal to treble the amount of actual damages proved, plus reasonable attorneys’ fees. (b) A consumer likely to be damaged by a deceptive p…

§ 2736. Application. This subchapter shall not apply to contracts in which the total contract price or the total amount financed exceeds $50,000, or to any contract entered into with or acquired by a banking organization or building and loan association as defined by Chapters 1 a…

§ 2737. Enforcement. (a) (1) Before bringing an action with respect to the automatic renewal of any contract containing an automatic renewal provision that is renewed in violation of § 2734 of this title, the consumer must provide the seller with notice of the violation and a req…