A.R.S. tit. 44 ch. 1 — Arizona Revised Statutes Title 44 Chapter 1 — Contracts

44-101. Statute of frauds No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereunto lawfully authorized: 1. To charge an executor or administrator upon any promise to answer for any debt or damages due from his testator or intestate out of his own estate. 2. To charge a person upon a promise to answer for the debt, default or miscarriage of another. 3. To charge a person upon any agreement made upon consideration of marriage, except a mutual promise to marry. 4. Upon a contract to sell or a sale of goods or choses in action of the value of five hundred dollars or more, unless the buyer accepts part of the goods or choses in action, and actually receives them or gives something in earnest to bind the contract, or in part payment, but when a sale is made at auction, an entry by the auctioneer in his sale book, made at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the name of the purchaser and person on whose account the sale is made is a sufficient memorandum. 5. Upon an agreement which is not to be performed within one year from the making thereof. 6. Upon an agreement for leasing for a longer period than one year, or for the sale of real property or an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing, subscribed by the party sought to be charged. 7. Upon an agreement authorizing or employing an agent or broker to purchase or sell real property, or mines, for compensation or a commission. 8. Upon an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make provision for any person by will. 9. Upon a contract, promise, undertaking or commitment to loan money or to grant or extend credit, or a contract, promise, undertaking or commitment to extend, renew or modify a loan or other extension of credit involving both an amount greater than two hundred fifty thousand dollars and not made or extended primarily for personal, family or household purposes. 44-121. Contracts in writing; consideration Every contract in writing imports a consideration. 44-131. Capacity of minor veterans and married minors A. A veteran who is entitled to benefits under the servicemen's readjustment act of 1944 (P.L. 78-346; 58 Stat. 284), or the spouse of that veteran, is not under legal disability by reason of minority to make any contract and any contract made by that veteran or spouse is not invalid or voidable by reason of the minority of the veteran or spouse. B. A person who is married to an adult is not under legal disability because of that person's minority to make a contract and a contract made by that person is not invalid or voidable because of that person's minority. 44-132. Capacity of minor to obtain hospital, medical and surgical care; definition A. Notwithstanding any other provision of law except as provided in title 36, chapter 20, article 1, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor, any minor who has contracted a lawful marriage or any homeless minor may give consent to the furnishing of hospital, medical and surgical care to such minor, and such consent shall not be subject to disaffirmance because of minority. The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care. For the purposes of this section only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained. B. A health care provider acting in reliance on the consent of a minor who has authority or apparent authority pursuant to this section to consent to health care is not subject to criminal and civil liability and professional disciplinary action on the ground that he or she failed to obtain consent of the minor's parent, parents or legal guardian. This subsection does not affect any other cause of action permitted under title 12, chapter 5.1. C. For purposes of this section, a homeless minor is an individual under the age of eighteen years living apart from his parents and who lacks a fixed and regular nighttime residence or whose primary residence is either a supervised shelter designed to provide temporary accommodations, a halfway house or a place not designed for or ordinarily used for sleeping by humans. 44-132.01. Capacity of minor to obtain treatment for venereal disease without consent of parent Notwithstanding any other provision of the law, a minor who may have contracted a venereal disease may give consent to the furnishing of hospital or medical care related to the diagnosis or treatment of such disease and such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents or legal guardian of such a person shall not be necessary in order to authorize hospital or medical care. 44-133. Emergency consent for hospital care, medical attention or surgery by person in loco parentis Notwithstanding any other provision of the law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and after reasonable efforts made under the circumstances, the parents of such minor cannot be located for the purpose of consenting thereto, consent for said emergency attention may be given by any person standing in loco parentis to said minor. 44-133.01. Capacity of minor to consent to treatment for use of a dangerous drug or narcotic Notwithstanding any other law, any minor who is at least twelve years of age who is found, upon diagnosis of a licensed physician or a registered nurse practitioner, to be under the influence of a dangerous drug or narcotic, which includes withdrawal symptoms, may be considered an emergency case and the minor is considered as having consented to hospital or medical care needed for treatment for that condition. Such consent is not subject to disaffirmance because of minority. The consent of the parent, parents or legal guardian of that minor is not necessary to authorize hospital or medical care, except that the consent is equally valid if obtained. 44-134. Capacity for blood donation A. Notwithstanding any other law, a person who is at least eighteen years of age and who is otherwise competent may consent to the donation of blood and be subject to the penetration of tissue necessary to accomplish the donation at a federally approved blood bank. B. Notwithstanding any other law, a minor who is sixteen or seventeen years of age may donate blood and be subject to the penetration of tissue necessary to accomplish the donation at a federally approved blood bank only if the minor has the written consent of the minor's parent or legal guardian. 44-140. Definitions In this article, unless the context otherwise requires: 1. "Educational institution" means a university, college, community college, junior college, high school, technical, vocational or professional school, or similar institution, wherever located, approved or accredited for the purposes of this article by the state board of education. 2. "Educational loan" means a loan or other aid or assistance for the purpose of furthering the obligor's education at an educational institution. 3. "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. 44-140.01. Educational loan; enforceable; prerequisites Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any person is enforceable as if he were an adult at the time of execution, but only if prior to the making of the educational loan an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution. 44-141. Joint and several liability of parties to joint obligations A. All parties to a joint obligation, including negotiable paper and partnership debts, shall be severally liable also for the full amount of such obligations. An action may be brought against such parties jointly or separately, joining one or more, and judgment may be given in each such action without barring an action against any party to the obligation not included in the judgment, and without releasing any party against whom the action was not brought. B. The court may, upon its own motion or upon the application of any interested party, require that the plaintiff bring in as defendants all parties jointly liable on the obligation upon which the action is brought, in which event any subsequent judgment shall be for the amount unsatisfied. 44-142. Action against persons primarily and secondarily liable on bill of exchange or other contract The acceptor of a bill of exchange, or any other principal obligor on any contract, may be sued either alone or jointly with any other party who may be liable thereon, but judgment shall not be given against such other party not primarily liable unless judgment has been previously, or is at the same time, given against the acceptor or other principal obligor, except when the plaintiff discontinues his action against such principal obligor. 44-143. Formal requirements for and limitations upon confession of judgment under power of attorney Judgment by confession shall not be entered upon a note, bond or other instrument in writing for the payment of money under the authority of a power of attorney to confess judgment thereon, unless such authority is executed and acknowledged on a day subsequent to the date on which the indebtedness to be confessed became due and payable. 44-144. Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions An assignment of a chose in action shall not prejudice any set-off or other defense existing at the time of the notice of the assignment. This section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due except as provided in section 44-145. 44-145. Negotiable instruments or other writings evidencing consumer obligations; limitation on liability A. The rights of a holder or assignee of an instrument, account, contract right, chattel paper or other writing, other than a check or draft, which evidences the obligation of a natural person as buyer, lessee, or borrower in connection with the purchase or lease of consumer goods or services, are subject to all defenses and setoffs of the debtor arising from or out of such sale or lease if notice of such defense or setoff is given within ninety days after receipt of the goods or services by the debtor, notwithstanding any agreement to the contrary. For a period of ninety days after receipt of the goods or services by the debtor, a holder or assignee is not a holder in due course if he takes an instrument, other than a check or draft, which is subject to the provisions of this section. The rights of the debtor under this section may be asserted only as to amounts then owing and as a matter of defense to or setoff against a claim by the holder or assignee and may be asserted only if the buyer or lessee gives notice of the claim or defense in writing by certified mail to the seller or lessor at the last known business address of the seller or lessor within ninety days after receipt of the goods or services. B. This section is not applicable to: 1. Credit card sales of perishable consumer goods or consumer services on a credit card issued by an issuer other than the seller. 2. Any credit card transaction made outside the state of Arizona. 3. An instrument or other writing which evidences a loan or indebtedness to a lender or person, other than a seller or lessor, which was not arranged by a seller or lessor, the proceeds of which are used by the buyer or lessee to satisfy an obligation to a seller or lessor. C. The definitions in title 47, chapters 1, 3 and 9 are applicable to this section. For the purposes of this section: 1. "Consumer services" means services for use primarily for personal, family or household purposes. 2. "Arranged" means to provide or offer to provide a loan which is or will be extended by another person under a business or other relationship pursuant to which the person arranging such loan receives or will receive a fee, compensation, or other consideration for such service or has knowledge of the terms of the loan and participates in the preparation of the instruments required in connection with the extension of the loan. 44-161. Interpretation of contracts, securities and other similar measures; currency; definitions A. If a subject or medium of payment of any contract, security or other similar instrument is the European currency unit or a currency that has been substituted or replaced by the euro, the euro is a commercially reasonable substitute and substantial equivalent that may be either tendered or used in determining the value of the European currency unit or other currency at the conversion rate specified in and calculated according to the regulations adopted by the council of the European union. B. Except as provided in an agreement between parties regarding the introduction of the euro, none of the following actions discharge or excuse performance under any contract, security or other similar instrument or give a person the unilateral right to alter or terminate any contract, security or other similar instrument: 1. The introduction of the euro. 2. The tendering of euros for any obligation that complies with subsection A. 3. The determining of the value of any obligation that complies with subsection A or the calculating or determining of the subject or medium of payment of any contract, security or other similar instrument relating to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent. C. Notwithstanding title 47, this section applies to all contracts, securities and other similar instruments, including contracts relating to commercial transactions. D. For the purposes of this section: 1. "Euro" means the currency of participating member states of the European union that adopt a single currency in accordance with the treaty on European union signed February 7, 1992. 2. "European currency unit" means the currency basket that is used as the unit of account of the European community pursuant to the European council's regulations. 3. "Introduction of the euro" includes the implementation of economic and monetary union in member states of the European union pursuant to the treaty on European union signed February 7, 1992. 44-171. Exemption from licensure, certification, registration or other authorization to act A. Notwithstanding any other law, if the requirements prescribed by subsection B of this section are met, a person is exempt from state law relating to licensure, certification, registration or other authorization to act under the following: 1. Title 6, not including title 6, chapter 9, except that a party is not exempt from the requirements prescribed in section 6-114, 6-632, 6-635 or 6-637. 2. Title 9. 3. Title 10. 4. Title 11. 5. Title 23. 6. Title 32, chapter 9 or 46. 7. This title, except that this paragraph does not apply to a sales finance company that is licensed pursuant to chapter 2.1 of this title or a party that is subject to chapter 9, article 6 of this title. B. Subsection A of this section applies only if all of the following apply: 1. The person is a party to a contract between two or more private parties. 2. The subject of the contract is substantially delivered by electronic means. 3. The contract specifies the laws from which the person is exempt. 4. The subject of the contract is lawful. 5. The exemption does not materially affect a third party. 6. The exemption does not clearly harm or damage public health or safety. 7. The subject of the contract does not exceed $6,000 per transaction between any two parties and $150,000 in total aggregate profit in the previous calendar year for all parties related to the services provided in the contract. C. A person is not guilty of failure to procure or exhibit a business license pursuant to section 13-3706 if the person is exempt from the business license requirement under this section. D. If a state agency notifies a person described in subsection A of this section that the person is in violation of a state law relating to licensure, certification, registration or other authorization to act, within six months after receiving the notice the person shall do either of the following: 1. Become licensed, certified or registered or receive another authorization to act, as applicable. 2. Amend the contract described in subsection B of this section to exempt the person from the state law relating to licensure, certification, registration or other authorization to act. E. If the total aggregate profit related to services provided in a contract pursuant to subsection B of this section exceeds $150,000, the parties may agree to amend the contract to comply with state law relating to licensure, certification, registration or other authorization to act, as applicable. After exceeding $150,000 in total aggregate profit, the parties have until July 1 of the following calendar year to amend the contract or become licensed, certified or registered or to receive another authorization to act before the state agency may commence or take disciplinary action against any party to the contract. F. If a state agency notifies a party to a contract of a violation of a state law pursuant to subsection D of this section, the state agency may not commence or take disciplinary action against the party during either of the following time periods: 1. The six-month period in which the party is working either to become licensed, certified or registered or to receive another authorization to act, as applicable, or to amend the contract to exempt the party from the state law relating to licensure, certification or registration or the other authorization to act. 2. The time period after the party has submitted an application to become licensed, certified or registered or to receive another authorization to act and before the state agency has approved or denied the application. G. A violation of this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.