Guam § 1301 - Definitions.

§ 1301. Definitions.

In addition to definitions appearing in subsequent articles, in this Title:

(1) Administrator means the administrator designated in § 6103.

(2) Agreement means the bargain of the parties in fact as found in

their language or by implication from other circumstances including

course of dealing or usage of trade or course of performance.

(3) Agricultural purpose means a purpose relating to farming in

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all its branches, including but not limited to producing, cultivating,

growing or harvesting of any agricultural, horticultural, viticultural, or

pomicultural commodities, including crude gum or sap from a living

tree, dairying, raising, caring for and managing livestock, bees,

domestic and wild fur bearing or other animals, poultry, operating

nurseries and greenhouses or other similar structures used primarily for

the raising of agricultural or horticultural commodities, and any

operations (including forestry or lumbering) performed by a farmer or

on a farm as an incident to farming, including preparing for market,

storing, delivering to storage or to market or to carriers for

transportation to market or storage.

(4) Conspicuous: A term or clause is conspicuous when it is so

written that a reasonable person against whom it is to operate ought to

have noticed it. A printed heading in capitals is conspicuous. Language

in the body of a form is conspicuous if it is in larger or other contrast-

ing type or color. Whether a term of clause is conspicuous is for

decision by the court.

(5) Credit means the right granted by a creditor to a debtor to

defer payment of debt or to incur debt and defer its payment.

(6) Credit card or similar arrangement means an arrangement

pursuant to which a lender gives a debtor the privilege of using a credit

card, letter of credit, or other credit confirmation or identification in

transactions out of which debt arises:

(a) by the lender's honoring the debtor's draft or similar order

for the payment of money;

(b) by the lender's payment or agreement to pay the debtor's

obligations; or

(c) by the lender's purchase from the obligee of the debtor's

obligations.

An arrangement pursuant to which a seller gives to a buyer the privilege

of using a credit card, letter of credit, or other credit confirmation or

identification for the purchase of goods or services from the seller or his

affiliate is not a credit card or similar arrangement.

(7) Earnings means compensation paid or payable to an

individual or for his account for personal services rendered by him and

periodic payments pursuant to a pension or retirement program.

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(8) Official fees mean amounts, including taxes, required or

authorized by law and actually paid or to be paid to a public official or

a government or a governmental subdivision or agency with respect to

a grant of credit or to determine the existence of, to perfect, or to

release a contractual security interest.

(9) Organization means a corporation, government or

governmental subdivision or agency, business or other trust, estate,

partnership or association.

(10) Payable in installments means (a) payable in two or more

periodic payments, not including a down payment, with respect to a

debt arising from a sale pursuant to which a credit service charge is

made, (b) payable in four or more periodic payments, not including a

down payment, with respect to a debt arising from a sale pursuant to

which no credit service charge is made, (c) payable in four or more

periodic payments with respect to a debt arising from a lease, or (d)

payable in two or more periodic payments with respect to a debt

arising from a loan.

(11) Person includes a natural person or an individual, and an

organization.

(12) Person related to with respect to an individual means (a) the

spouse of the individual, (b) a brother, brother-in-law, sister, sister-in-

law of the individual, (c) an ancestor or lineal descendant of the

individual or his spouse, and (d) any other relative, by blood or mar-

riage, of the individual or his spouse who shares the same home with

the individual.

Person related to with respect to an organization means (a) a

person directly or indirectly controlling, controlled by or under

common control with the organization, (b) an officer or director of the

organization or a person performing similar functions with respect to

the organization or to a person related to the organization, (c) the

spouse of a person related to the organization, and (d) a relative by

blood or marriage of a person related to the organization who shares

the same home with him.

(13) Presumed means that the trier of fact must find the existence

of the fact presumed unless and until evidence is introduced which

would support a finding of its non-existence.

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(14) Supervised financial organization means a person, other than

an insurance company or other organization doing an insurance

business:

(a) organized, chartered or holding an authorization

certificate under the laws of Guam or of the United States which

authorizes the person to make loans and to receive deposits,

including a savings, share, certificate or deposit account; and

(b) subject to supervision by an official or agency of Guam

or of the United States.

(15) United States rule means the actuarial method of allocating

payments made on a debt between principal or amount financed and

loan finance charge or credit service charge, pursuant to which a

payment is applied first to the accumulated loan finance charge or

credit service charge and the balance is applied to the unpaid principal

or amount financed.

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