Kansas Statutes

Chapter 16.—CONTRACTS AND PROMISES

• Article 1.—GENERAL PROVISIONS
  • 16-101 Joint contracts as joint and several.
  • 16-102 Liability of estate of decedent thereon.
  • 16-103 Liability on death of all joint obligors.
  • 16-104 Suit against copartners or joint obligors.
  • 16-105 Release of persons jointly or severally liable.
  • 16-106 Seals.
  • 16-107 Consideration, what imports.
  • 16-108 Want of consideration.
  • 16-109 Contracts for sale of improvements on government lands.
  • 16-110 Conveyances of improvements on public lands.
  • 16-111 Medium of payment.
  • 16-112 Restraint of trade; penalty.
  • 16-113 Appointment of process agent by nonresident contractor; exception; filing.
  • 16-114 Penalty for violating preceding section.
  • 16-115 Definitions.
  • 16-116 Agreements by electric or gas public utilities waiving partition rights or restricting alienation of certain properties authorized; application of act.
  • 16-117 Credit agreements; definitions.
  • 16-118 Same; requirements; failure to comply.
  • 16-119 Same; declaration of meaning of original act.
  • 16-120 Reimbursement for warranty work.
  • 16-121 Construction contracts, motor carrier transportation contracts, dealer agreements, franchise agreements; certain indemnification provisions and additional insured provisions void, when.
• Article 2.—INTEREST AND CHARGES
  • 16-201 Legal rate of interest.
  • 16-202 Repealed.
  • 16-203 Repealed.
  • 16-204 Interest on judgments.
  • 16-205 Interest rates or charges; contract rates continue until payment in full; judgments; excess rates and charges void.
  • 16-206 Repealed.
  • 16-207 Contract rate; penalties for prepayment of certain loans, recording fees; contracting for interest in excess of limitation, penalties, attorney fees; loans excluded.
  • 16-207a State override of federal preemption.
  • 16-207b Contract rate; exceptions.
  • 16-207c Repealed.
  • 16-207d Rules and regulations; loans secured by real estate; adjustable loans.
  • 16-207e Repealed.
  • 16-208 through 16-213 Repealed.
  • 16-214 Interest rate on advance made for purchase or carrying of securities; advance not subject to uniform consumer credit code.
• Article 3.—FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
  • 16-301 Prearranged funeral agreements; conditions.
  • 16-302 Same; payments, form and deposit of; exceptions.
  • 16-303 Prearranged funeral agreements; payments and earnings; credit life insurance; irrevocable agreements.
  • 16-304 Same; payments upon death, conditions; balances; notice; liability.
  • 16-305 Same; penalties.
  • 16-306 Same; injunction.
  • 16-307 Same; severability.
  • 16-308 Same; administration of funds; payment into trust fund; investment; payment of administrative costs and taxes; prior existing trusts to comply.
  • 16-309 Same; doing business in state defined; nonresidents subject to personal service outside state.
  • 16-310 Same; audit of accounts or trusts by secretary of state; redeposit of improperly paid moneys; actions by attorney general; funds held under agreements not subject to legal process; notice of intent to sell and engage in agreements; obstructing or refusing to submit to examination; audit fee.
  • 16-311 Same; duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability.
  • 16-312 Prearranged funeral agreements; required disclosures.
  • 16-313 Same; additional disclosures.
  • 16-314 Same; definition.
  • 16-315 through 16-319 Reserved.
  • 16-320 Cemetery merchandise contracts; definitions.
  • 16-321 Same; cemetery merchandise trust fund; establishment; deposit of moneys; quarterly reports; distributable earnings; fees.
  • 16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties.
  • 16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.
  • 16-324 Repealed.
  • 16-325 Same; secretary of state to audit cemetery merchandise trusts.
  • 16-326 Same; redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies.
  • 16-327 Same; redeposit of moneys; action by attorney general.
  • 16-328 Same; funds in trust not subject to legal process.
  • 16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.
  • 16-330 Same; refusal to submit to audit; attorney general.
  • 16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.
  • 16-332 Same; preneed contract provisions.
  • 16-333 Same; not subject to K.S.A. 16-301 through 16-309, prearranged funeral regulations.
  • 16-334 Same; trust agreement; copy filed with secretary of state; requirements.
  • 16-335 Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed.
  • 16-336 Cemetery maintenance and merchandise fee fund; state treasury.
• Article 4.—CONSUMER LOAN ACT (Not in active use)
  • 16-401 Repealed.
  • 16-402 Repealed.
  • 16-403 Repealed.
  • 16-404 Repealed.
  • 16-405 Repealed.
  • 16-406 Repealed.
  • 16-407 through 16-409 Repealed.
  • 16-410 Repealed.
  • 16-411 Repealed.
  • 16-412 Repealed.
  • 16-413 Repealed.
  • 16-414 Repealed.
  • 16-415 through 16-424 Repealed.
  • 16-425 Repealed.
  • 16-426 Repealed.
• Article 5.—SALES FINANCE ACT (Not in active use)
  • 16-501 Repealed.
  • 16-502 Repealed.
  • 16-503 Repealed.
  • 16-504, 16-505 Repealed.
  • 16-506 Repealed.
  • 16-507 Repealed.
  • 16-508 Repealed.
  • 16-509 Repealed.
  • 16-510, 16-511 Repealed.
  • 16-512 Repealed.
  • 16-513, 16-514 Repealed.
• Article 6.—INVESTMENT CERTIFICATES OF INVESTMENT COMPANIES (Not in active use)
  • 16-601 Repealed.
  • 16-601a Repealed.
  • 16-601b Repealed.
  • 16-601c Repealed.
  • 16-601d through 16-601l Repealed.
  • 16-601m, 16-601n Repealed.
  • 16-601o Repealed.
  • 16-601p Repealed.
  • 16-601q Repealed.
  • 16-601r, 16-601s Repealed.
  • 16-602 Repealed.
  • 16-603 through 16-606 Repealed.
  • 16-607 Repealed.
  • 16-608 Repealed.
  • 16-609 Repealed.
  • 16-610 through 16-613 Repealed.
  • 16-614 Repealed.
  • 16-615 Repealed.
  • 16-616 Repealed.
  • 16-617 Repealed.
  • 16-618 Repealed.
  • 16-619 Repealed.
  • 16-620, 16-621 Repealed.
  • 16-622 Repealed.
  • 16-623 Repealed.
  • 16-624 Repealed.
  • 16-625 Repealed.
  • 16-626 through 16-628 Repealed.
  • 16-629 Repealed.
  • 16-630 Repealed.
  • 16-631 Repealed.
  • 16-632 Repealed.
  • 16-633 through 16-635 Repealed.
  • 16-636 through 16-639 Repealed.
  • 16-640 Repealed.
• Article 6a.—KANSAS INVESTMENT CERTIFICATE GUARANTY FUND ACT (Not in active use)
  • 16-6a01 through 16-6a09 Repealed.
  • 16-6a10 Repealed.
  • 16-6a11 Repealed.
  • 16-6a12 Repealed.
  • 16-6a13 through 16-6a20 Repealed.
• Article 7.—REGULATION OF PAWNBROKERS AND PRECIOUS METAL DEALERS
  • 16-701 through 16-705 Repealed.
  • 16-706 Definitions.
  • 16-707 Licensure; application; fee.
  • 16-708 Same; qualifications.
  • 16-709 Transfer of stock by stockholder of corporate licensee; effect.
  • 16-710 License; contents; display; license for each place of business.
  • 16-711 Change in location of place of business; notice; duplicate license; restrictions.
  • 16-712 Examination of books, accounts, records.
  • 16-713 Suspension or revocation of license; notice and hearing.
  • 16-714 Loans secured by pledged goods; written contract required, contents; retention, disposition and redemption of pledged articles.
  • 16-715 Report of property pledged or purchased; required holding period for precious metal purchased; report not open to public inspection.
  • 16-716 Record of transactions.
  • 16-717 Minors; prohibited transactions.
  • 16-718 Periodic inspections to determine compliance with act.
  • 16-719 Loans; interest and charges; amount; term.
  • 16-720 Transactions in precious metals, requirements; refusal to redeliver stolen property to owner, effect.
  • 16-721 Penalty.
  • 16-722 Prosecution of violations.
• Article 8.—TRUTH IN LENDING
  • 16-801 through 16-807 Repealed.
  • 16-808 Repealed.
  • 16-809 through 16-829 Repealed.
  • 16-830 Repealed.
  • 16-841 Issuance of credit card without request prohibited; exception.
  • 16-842 Liability of credit cardholder for unauthorized use, when; actions for enforcement of liability.
  • 16-843 Penalties for fraudulent transactions over $5,000.
  • 16-844 Definitions.
• Article 9.—REVOLVING CREDIT (Not in active use)
  • 16-901 through 16-905 Repealed.
  • 16-906 through 16-911 Repealed.
• Article 10.—CONTRACTS TO MAINTAIN STOCK OF FARM EQUIPMENT
  • 16-1001 Definitions.
  • 16-1002 Contracts, sales agreements or security agreements to maintain stock of farm equipment or repair parts by retailer; cancellation or discontinuance thereof; repurchase obligations of wholesaler, manufacturer, distributor or transferee of such wholesaler, manufacturer or distributor thereon; contracts affected; security interests not affected; repurchase not subject to bulk sales law or the claims of secured or unsecured creditors of specified others.
  • 16-1003 Same; repurchase not required, when.
  • 16-1004 Same; failure to make repurchase or allow credit; liability in civil action.
  • 16-1005 Same; death of retailer or majority stockholder of corporation retailing farm equipment or repair parts.
  • 16-1006 Same; severability of act.
  • 16-1007 Same; repurchase obligations in bankruptcy.
• Article 11.—CONTINUING CARE AGREEMENTS (Not in active use)

  • Revisor's Note:

    Later act, see 40-2231 et seq.

  • 16-1101 through 16-1105 Repealed.
• Article 12.—FARM EQUIPMENT DEALERSHIP AGREEMENTS

  • Revisor's Note:

    Reimbursement for warranty work, see 16-120.

  • 16-1201 Purpose.
  • 16-1202 Definitions.
  • 16-1203 Change of farm equipment dealership agreements; restrictions.
  • 16-1204 Notice of termination, cancellation or nonrenewal of dealership agreement; cure of deficiency; approval of dealership transfer.
  • 16-1205 Violations of act.
  • 16-1206 Effect of act upon terms of dealership agreement.
  • 16-1207 Action for damages for violation of act; injunctive relief; remedies not exclusive.
  • 16-1208 Citation of act.
• Article 13.—OUTDOOR POWER EQUIPMENT DEALERSHIP AGREEMENTS

  • Revisor's Note:

    Reimbursement for warranty work, see 16-120.

  • 16-1301 Purpose.
  • 16-1302 Definitions.
  • 16-1303 Change of outdoor power equipment dealership contracts; restrictions.
  • 16-1304 Equipment not required to be repurchased.
  • 16-1305 Civil action; liabilities; costs.
  • 16-1306 Changes not made without good cause; when good cause exists.
  • 16-1307 Notice of termination; right to cure; approval of transfer of retailer's business.
  • 16-1308 Remedies.
  • 16-1309 Effect of act upon contracts.
  • 16-1310 Remedies not exclusive.
  • 16-1311 Severability.
  • 16-1312 Citation of act.
• Article 14.—LAWN AND GARDEN EQUIPMENT DEALERSHIP AGREEMENTS

  • Revisor's Note:

    Reimbursement for warranty work, see 16-120.

  • 16-1401 Purpose.
  • 16-1402 Definitions.
  • 16-1403 Change of lawn and garden equipment dealership contracts; restrictions.
  • 16-1404 Equipment not required to be repurchased.
  • 16-1405 Civil action; liabilities; costs.
  • 16-1406 Changes not made without good cause; when good cause exists.
  • 16-1407 Notice of termination; right to cure; approval of transfer of retailer's business.
  • 16-1408 Remedies.
  • 16-1409 Effect of act upon contracts.
  • 16-1410 Remedies not exclusive.
  • 16-1411 Severability.
  • 16-1412 Citation of act.
• Article 15.—SWINE CONTRACTS AND MARKETING POOLS
  • 16-1501 Definitions; implied promise of good faith.
  • 16-1502 Contract termination or cancellation; notification, time periods.
  • 16-1503 Swine marketing pools; creation, authorized acts.
  • 16-1504 Contractor requirements for establishing a swine production facility.
  • 16-1505 Contract language required concerning mediation or arbitration.
  • 16-1506 Secretary of agriculture promulgates rules and regulations.
• Article 16.—ELECTRONIC TRANSACTIONS

  • Revisor's Note:

    Act omits sections 17, 18 and 19 of Uniform Electronic Transactions Act approved and recommended by National Conference of Commissioners on Uniform State Laws; see also the Revisor's Notes following 16-1605, 16-1617, 16-1618 and 16-1619.

  • 16-1601 Short title.
  • 16-1602 Definitions.
  • 16-1603 Scope.
  • 16-1604 Prospective application.
  • 16-1605 Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies.
  • 16-1606 Construction and application.
  • 16-1607 Legal recognition of electronic records, electronic signatures and electronic contracts.
  • 16-1608 Provision of information in writing; presentation of records.
  • 16-1609 Attribution and effect of electronic records and electronic signatures.
  • 16-1610 Effect of change or error.
  • 16-1611 Notarization and acknowledgment; electronic notarization.
  • 16-1612 Retention of electronic records; originals.
  • 16-1613 Admissibility in evidence.
  • 16-1614 Automated transactions.
  • 16-1615 Time and place of sending and receipt.
  • 16-1616 Transferable records.
  • 16-1617 Registered certification authorities.
  • 16-1618 Rules and regulations.
  • 16-1619 Reciprocity with other jurisdictions.
  • 16-1620 Severability.
• Article 17.—POULTRY PRODUCTION CONTRACTS
  • 16-1701 Poultry production contracts; requirements; violations; remedies.
• Article 18.—KANSAS FAIRNESS IN PRIVATE CONSTRUCTION CONTRACT ACT
  • 16-1801 Title; rights and duties not waivable or varied under terms of contract.
  • 16-1802 Definitions.
  • 16-1803 Private construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay.
  • 16-1804 Retainage; release of retainage; incomplete work; alternate security; failure to pay.
  • 16-1805 Suspension of performance, when.
  • 16-1806 Action or arbitration to enforce act; costs; venue.
  • 16-1807 Scope.
• Article 19.—KANSAS FAIRNESS IN PUBLIC CONSTRUCTION CONTRACT ACT
  • 16-1901 Title; rights and duties not waivable or varied under terms of contract.
  • 16-1902 Definitions.
  • 16-1903 Public construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay.
  • 16-1904 Retainage; release and withholding thereof; alternate security; failure to pay.
  • 16-1905 Suspension of performance, when.
  • 16-1906 Action or arbitration to enforce act; costs; venue.
  • 16-1907 Provisions waiving right to collect damages for delays, void, unenforceable.
  • 16-1908 Scope.
  • 16-1909 Public-private agreement; bond requirements.
• Article 20.—COMPETITIVE BID PROTECTION ACT
  • 16-2001 Competitive bid protection act; citation of act.
  • 16-2002 Same; purpose.
  • 16-2003 Same; certain contract provisions prohibited.
  • 16-2004 Same; exceptions.
  • 16-2005 Same; definitions.