Title 6, Commerce and Trade

§ 2588. Contract and disclosure requirements. (a) At the time of sale, the seller shall provide the buyer with a written document referred to in this section as the “written agreement,” which shall clearly and conspicuously disclose all of the following: (1) The name, address and…

§ 2589. Advertisement of home food service plans. Any advertisement of a home food service plan which discloses item pricing information in accordance with the provisions of this subchapter shall set forth in a clear and conspicuous manner whether there are any service charges or…

§ 2590. Enforcement and remedies. (a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) If a court …

§ 2591. Short title. This subchapter may be cited as the “Delaware Charitable/Fraternal Solicitation Act of 1996.”70 Del. Laws, c. 584, § 1;

§ 2592. Purpose. The purpose of this subchapter is to safeguard the public against fraudulent and misleading charitable/fraternal solicitations, thereby enhancing public confidence in legitimate charitable/fraternal organizations.70 Del. Laws, c. 584, § 1;

§ 2593. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Charitable/fraternal organization” means any person who is or holds himself or herself out to be established: a. For any benevolent, educational, humane, scientific, patriotic, social wel…

§ 2594. Records. (a) Every professional solicitor shall keep accurate fiscal records regarding its charitable/fraternal solicitations in Delaware. (b) There shall be a written contract between a professional solicitor and a charitable/fraternal organization that clearly states th…

§ 2595. Unlawful practices. (a) The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression …

§ 2596. Time restriction. No charitable/fraternal organization and/or professional solicitor shall engage in charitable/fraternal solicitation of any person after 9:00 p.m. or before 8:00 a.m., unless authorized by the person being solicited prior to the solicitation.70 Del. Laws…

§ 2597. Enforcement and remedies. (a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) Any violati…

§ 2598. Violation of order or injunction; penalty. Repealed by 77 Del. Laws, c. 282, § 4, effective June 10, 2010.

§ 2601. Sale at less than cost. No wholesaler, with intent to injure a competitor or competitors, or with intent to destroy or substantially lessen competition, shall sell at wholesale cigarettes at less than the cost to the wholesaler, either directly or indirectly by any means …

§ 2602. Definitions. For the purposes of this chapter the following definitions shall apply: (1) “Basic cost of cigarettes” means the invoice cost of cigarettes to the wholesaler, or the replacement cost of cigarettes to the wholesaler (i.e., the cost for which cigarettes could h…

§ 2603. Special cost provisions. (a) Markup on sales at wholesale on cash and carry basis. — In any sale of cigarettes at wholesale on a cash and carry basis (i.e., where cigarettes are not delivered unless the full price thereof is received by the seller at or before delivery an…

§ 2604. Combination sales and concessions. It is unlawful for any wholesaler, with the purpose or intent specified in § 2601 of this title, to: (1) Sell cigarettes in combination with any other item or items of merchandise where any such other item is given free of charge or sold…

§ 2605. Exceptions. (a) Clearance sales, liquidation sales, etc. — This chapter shall not apply to sales at wholesale: (1) Where cigarettes are imperfect, damaged or being discontinued, if advertised and marked as such, and the quantity and quality is accurately, clearly and cons…

§ 2606. Evidence. (a) Prima facie evidence of intent. — In any action or proceeding pursuant to this chapter, including proceedings before the Secretary relating to licenses, proof of a sale of cigarettes or any other item or items in combination or in connection with cigarettes …

§ 2607. Remedies. (a) Injunction; action for damages. — The Secretary or any person affected by an act in violation of this chapter, may file a complaint in the Court of Chancery for the county in which the alleged unlawful practice has been or is to be partially or completely pe…

§ 2608. Administration and enforcement. The Secretary shall enforce this chapter and shall, within the limitations of available appropriations, and in accordance with the laws of this State: Employ and fix the duties and compensation of inspectors and other personnel necessary to…

§ 2701. Joint and several contracts. An obligation or written contract of several persons shall be joint and several, unless otherwise expressed.Code 1852, § 1170; Code 1915, § 2628; Code 1935, § 3108; 6 Del. C. 1953, § 2701;

§ 2701A. Title. This chapter may be cited as the “Asset-Backed Securities Facilitation Act.”73 Del. Laws, c. 214, § 1;

§ 2702. Assignment of bonds, specialties and notes. (a) All bonds, specialties, and notes in writing, payable to any person, or order, or assigns, may be assigned, or indorsed, and the assignee, or indorsee, his or her executors, administrators, or assigns, may again assign, or i…

§ 2702A. Intent. It is intended by the General Assembly that the term “securitization transaction” shall be construed broadly.73 Del. Laws, c. 214, § 1;

§ 2703. Construction with Chapter 1. If any of the provisions of this subchapter are in conflict or inconsistent with any of the provisions of Chapter 1 of this title, such provisions of Chapter 1 of this title shall govern.6 Del. C. 1953, § 2703;

§ 2703A. Securitization transaction. (a) Notwithstanding any other provision of law, including, but not limited to, § 9-506 of this title, “Debtor’s right to redeem collateral,” as said section existed prior to July 1, 2001, and § 9-623 of the title, “Right to redeem collateral,”…

§ 2704. Exculpatory clauses in certain contracts void. (a) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement (including but not limited to a contract or agreement with the State, any county, municipality or politic…

§ 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…