Printable Format16a-1-103. (UCCC) Supplementary general principles of law applicable. The uniform consumer credit code, K.S.A. 16a-1-101 et seq., and amendments thereto, takes precedence in consumer credit transactions, the uniform commercial code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
History: L. 1973, ch. 85, § 3; L. 2024, ch. 6, § 30; January 1, 2025.
KANSAS COMMENT, 2010
Many transactions are subject both to the U3C and to other bodies of law, particularly the UCC. In the event of conflict, the U3C controls. See K.S.A. 84-9-201. In other cases, the U3C is supplemented by the UCC and other principles. For example, a consumer credit contract would be subject in appropriate cases to the UCC's general duty of good faith in the performance or enforcement of a contract or duty within the UCC. See K.S.A. 84-1-302(b). In general, such principles have not been repeated in the U3C. In addition, many consumer credit agreements will also be subject to the KCPA, and that act should be consulted in appropriate cases. Finally, consumer remedies under the UCC, the KCPA, and other laws generally supplement those that are available under the U3C. See the Kansas comment to K.S.A. 16a-6-115.
Law Review and Bar Journal References:
"The U.C.C.C. and Real Estate Financing: A Square Peg in a Round Hole," Thomas L. Griswold, 28 K.L.R. 601, 609 (1980).
CASE ANNOTATIONS
1. Cited; applicability of UCCC provisions (K.S.A. 84-9-504) to deficiency judgment under UCCC examined. Garden Nat'l Bank v. Cada, 11 Kan. App. 2d 562, 567, 729 P.2d 1252 (1986).