reglab/housing_qa huggingface dataset:
5 DE Code § 3351. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 33. Business and Industrial Development Corporations|Subchapter VI. Enforcement Powers of Commissioner|§ 3351. Investigations.

§ 3351. Investigations. (a) The Commissioner may make such investigations within or without the State as the Commissioner may consider necessary or appropriate for determining whether to approve an application filed with the Commissioner under this chapter or for determining whether a licensee or other person has violated or is about to violate this chapter, to aid in the enforcement of this chapter or to aid in issuing an order or promulgating a rule or regulation pursuant to this chapter. (b) Any investigation under this section may be made by any person or persons designated by the Commissioner, and in such case all the powers vested in the Commissioner by this section shall be possessed by such person or persons so designated. When any such investigation is made without the presence of the Commissioner, the Commissioner shall give written authority to the person or persons conducting such investigation, which shall be exhibited to any person contacted in the course of such investigation. (c) For purposes of an investigation under this section, the Commissioner may administer oaths and affirmations, subpoena witnesses, including but not limited to the officers, directors, trustees, partners, managers and employees of any entity being examined, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreement or other documents or records which the Commissioner considers relevant to such investigation. (d) If any person fails to comply with a subpoena or subpoena duces tecum issued by the Commissioner under this section or fails to testify with respect to a matter concerning which the person may be lawfully questioned, the Court of Chancery, upon application of the Commissioner, may issue an order requiring the attendance of such person and the giving of testimony or production of evidence. 66 Del. Laws, c. 344, §  1;
5 DE Code § 3352. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 33. Business and Industrial Development Corporations|Subchapter VI. Enforcement Powers of Commissioner|§ 3352. False statements, entries or reports; penalty.

§ 3352. False statements, entries or reports; penalty. Every director, officer, agent, clerk or employee of any entity affected by § 3343 or § 3351 of this title, who wilfully or knowingly subscribes or exhibits any false paper, with intent to deceive any person authorized to investigate or examine as to the condition of such entity, or who wilfully or knowingly subscribes to or makes any false report, shall be fined not less than $500 nor more than $1,000. 66 Del. Laws, c. 344, §  1;
5 DE Code § 3353. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 33. Business and Industrial Development Corporations|Subchapter VI. Enforcement Powers of Commissioner|§ 3353. Violations; remedies.

§ 3353. Violations; remedies. (a) Subject to the State Administrative Procedures Act, the Commissioner may issue an order, setting forth an appropriate remedy, including, without limitation, a cease-and-desist order, an order removing any person from office with a licensee or prohibiting any person from further participating in any manner in the conduct of the business of such licensee, upon a finding by the Commissioner that such licensee, subject person or other person:  (1) Has violated, is violating or is about to violate any provision of this chapter or other applicable law, rule or regulation; (2) Has engaged or participated, or is engaging or participating or is about to engage or participate detrimentally with respect to the business of such licensee; (3) Has been indicted or convicted for a crime involving dishonesty or breach of trust; or (4) Is conducting acts that threaten the interests of such licensee or may threaten to impair public confidence in such licensee. (b) The licensee, subject person or other person to whom an order is issued under subsection (a) of this section, is entitled to judicial review of such order as set forth in the State Administrative Procedures Act. 66 Del. Laws, c. 344, §  1;
5 DE Code § 3354. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 33. Business and Industrial Development Corporations|Subchapter VI. Enforcement Powers of Commissioner|§ 3354. Receivership.

§ 3354. Receivership. (a) If the Commissioner finds that a licensee is insolvent, or such licensee is transacting business without authority or in violation of this chapter or any other law or it is contrary to the purposes of this chapter for such licensee to continue business, the Commissioner shall communicate the facts to the Attorney General of the State who shall file in the Court of Chancery, in any county where such licensee is doing business, a complaint setting forth the facts and applying for an order requiring such licensee to show cause why its business should not be closed. (b) In a proper case made, the Court of Chancery shall have the power to appoint a receiver to take charge of, settle and wind up the affairs of a licensee under the direction of the Court, to enjoin such licensee from doing business or to make such other order or decree as the circumstances shall warrant and the Court shall deem proper. 66 Del. Laws, c. 344, §  1;
5 DE Code § 3355. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 33. Business and Industrial Development Corporations|Subchapter VI. Enforcement Powers of Commissioner|§ 3355. Penalties.

§ 3355. Penalties. (a) Subject to the State Administrative Procedures Act, should the Commissioner find that any person has violated this chapter, other than that prohibited under § 3352 of this title, the Commissioner may order such person to pay to the State a civil penalty in such amount as the Commissioner may specify. However, the amount of any such civil penalty shall not exceed $10,000 for each violation, or in the case of a continuing violation, $10,000 for each day for which the violation continues. (b) This section shall not apply to any act committed or omitted in good faith in conformity with an order, rule, declaratory ruling or written interpretative opinion of the Commissioner, notwithstanding that such order, rule, declaratory ruling or written interpretative opinion may be later amended, rescinded or repealed, or determined by judicial or other authority to be invalid for any reason. (c) The provisions of subsection (a) of this section are in addition to, and not an alternative to, other provisions of this chapter which authorize the Commissioner to issue orders or to take other action on account of a violation of this chapter. (d) The provisions of subsection (a) of this section are in addition to, and not an alternative to, any criminal penalties that may be available under state and federal law. 66 Del. Laws, c. 344, §  1;
6 DE Code § 1-101. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-101. Short titles.

§ 1-101. Short titles. (a) This subtitle may be cited as the Uniform Commercial Code. (b) This article may be cited as Uniform Commercial Code — General Provisions. 5A Del. C. 1953, §§  1-101;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-102. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-102. Scope of article.

§ 1-102. Scope of article. This article applies to a transaction to the extent that it is governed by another article of the Uniform Commercial Code. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-103. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-103. Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law.

§ 1-103. Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law. (a) The Uniform Commercial Code must be liberally construed and applied to promote its underlying purposes and policies, which are:  (1) To simplify, clarify, and modernize the law governing commercial transactions; (2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) To make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. 5A Del. C. 1953, §§  1-102;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-104. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-104. Construction against implied repeal.

§ 1-104. Construction against implied repeal. The Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-105. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-105. Severability.

§ 1-105. Severability. If any provision or clause of the Uniform Commercial Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Uniform Commercial Code which can be given effect without the invalid provision or application, and to this end the provisions of the Uniform Commercial Code are severable. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-106. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-106. Use of singular and plural; gender.

§ 1-106. Use of singular and plural; gender. In the Uniform Commercial Code, unless the statutory context otherwise requires:  (1) Words in the singular number include the plural, and those in the plural include the singular; and (2) Words of any gender also refer to any other gender.74 Del. Laws, c. 332, §  1;
6 DE Code § 1-107. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-107. Section captions.

§ 1-107. Section captions. Section captions are part of the Uniform Commercial Code. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-108. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 1. General Provisions|§ 1-108. Relation to Electronic Signatures in Global and National Commerce Act.

§ 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)). 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-202. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 2. General Definitions and Principles of Interpretation|§ 1-202. Notice; knowledge.

§ 1-202. Notice; knowledge. (a) Subject to subsection (f), a person has “notice” of a fact if the person:  (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning. (c) “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know. (d) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. (e) Subject to subsection (f), a person “receives” a notice or notification when:  (1) It comes to that person's attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. 5A Del. C. 1953, §§  1-201;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  2;  68 Del. Laws, c. 249, §  3;  70 Del. Laws, c. 86, §  1;  72 Del. Laws, c. 401, §§  3-5;  73 Del. Laws, c. 329, §  5;  73 Del. Laws, c. 330, §  2;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-204. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 2. General Definitions and Principles of Interpretation|§ 1-204. Value.

§ 1-204. Value. Except as otherwise provided in Articles 3, 4, and 5, a person gives value for rights if the person acquires them:  (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) As security for, or in total or partial satisfaction of, a preexisting claim; (3) By accepting delivery under a preexisting contract for purchase; or (4) In return for any consideration sufficient to support a simple contract.74 Del. Laws, c. 332, §  1;
6 DE Code § 1-205. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 2. General Definitions and Principles of Interpretation|§ 1-205. Reasonable time; seasonableness.

§ 1-205. Reasonable time; seasonableness. (a) Whether a time for taking an action required by the Uniform Commercial Code is reasonable depends on the nature, purpose, and circumstances of the action. (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-206. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 2. General Definitions and Principles of Interpretation|§ 1-206. Presumptions.

§ 1-206. Presumptions. Whenever the Uniform Commercial Code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-301. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-301. Territorial applicability; parties' power to choose applicable law.

§ 1-301. Territorial applicability; parties' power to choose applicable law. (a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties. (b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate relation to this state. (c) If one of the following provisions of the Uniform Commercial Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:  (1) Section 2-402; (2) Sections 2A-105 and 2A-106; (3) Section 4-102; (4) Section 4A-507; (5) Section 5-116; (6) Section 8-110; (7) Sections 9-301 through 9-307.5A Del. C. 1953., §§  1-105;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  1;  68 Del. Laws, c. 249, §  2;  68 Del. Laws, c. 430, §  2;  70 Del. Laws, c. 439, §  2;  71 Del. Laws, c. 75, §  16;  71 Del. Laws, c. 393, §  2;  72 Del. Laws, c. 401, §  2;  73 Del. Laws, c. 330, §  1;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-302. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-302. Variation by agreement.

§ 1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in the Uniform Commercial Code, the effect of provisions of the Uniform Commercial Code may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by the Uniform Commercial Code may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever the Uniform Commercial Code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (c) The presence in certain provisions of the Uniform Commercial Code of the phrase “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. 74 Del. Laws, c. 332, §  1;
6 DE Code § 1-303. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-303. Course of performance, course of dealing, and usage of trade.

§ 1-303. Course of performance, course of dealing, and usage of trade. (a) A “course of performance” is a sequence of conduct between the parties to a particular transaction that exists if:  (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection. (b) A “course of dealing” is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (c) A “usage of trade” is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. (d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance. (e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:  (1) Express terms prevail over course of performance, course of dealing, and usage of trade; (2) Course of performance prevails over course of dealing and usage of trade; and (3) Course of dealing prevails over usage of trade. (f) Subject to § 2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. (g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. 5A Del. C. 1953, §§  1-205;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-304. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-304. Obligation of good faith.

§ 1-304. Obligation of good faith. Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. 5A Del. C. 1953, §§  1-203;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-305. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-305. Remedies to be liberally administered.

§ 1-305. Remedies to be liberally administered. (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in the Uniform Commercial Code or by other rule of law. (b) Any right or obligation declared by the Uniform Commercial Code is enforceable by action unless the provision declaring it specifies a different and limited effect. 5A Del. C. 1953, §§  1-106;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-306. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-306. Waiver or renunciation of claim or right after breach.

§ 1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record. 5A Del. C. 1953, §§  1-107;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;
6 DE Code § 1-307. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 1. General Provisions|Part 3. Territorial Applicability and General Rules|§ 1-307. Prima facie evidence by third-party documents.

§ 1-307. Prima facie evidence by third-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. 5A Del. C. 1953, §§  1-202;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  1;