Chapter 81 — Tender and Receipts; Choice of Forum in Contracts

2023 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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