Fair Trade
Current through 1999 Legislative Session
K.S.A. 8-601 Definition of words and phrases.
K.S.A. 8-602 Free competition.
K.S.A. 8-603 Certain financing agreements declared void.
K.S.A. 8-604 Same; prima facie evidence of sale prohibited under 8-603.
K.S.A. 8-605 Duty of attorney general or county attorney.
K.S.A. 8-606 Violations by foreign corporations and associations; injunction; revocation of license.
K.S.A. 8-607 Penalty for violating 8-601 to 8-610.
K.S.A. 8-608 Damage actions.
K.S.A. 8-609 Contracts and agreements in violation deemed void.
K.S.A. 8-610 Invalidity of part.
8-601. Definition of words and phrases.
The following words and phrases when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this section:
Person.The term 'person' shall mean any individual or individuals, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
Manufacturer.The term 'manufacturer' shall mean any person, firm, corporation, partnership or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles and other specific commodities.
Dealer.The term 'dealer' shall mean any person, firm, association or corporation or other organization of any kind, character or nature regularly engaged or intending to engage in the business of selling motor vehicles and other specific commodities at retail within this state.
Financing.The term 'financing' shall include the buying, selling, assigning or dealing in conditional sales contracts, chattel mortgages or leases arising out of the retail sale of motor vehicles and other specific commodities.
Motor vehicle.The term 'motor vehicle' shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
Commodities.The term 'commodities' means manufactured articles offered for sale to the general public.
Specific commodities.The term 'specific commodities' means commodities identified and agreed upon at the time a contract to sell, or a sale, is made.
History: L. 1937, ch. 166, § 1; June 30.
8-602. Free competition.
It hereby is declared to be the policy of this state that free and unrestricted competition shall prevail in the business of financing the purchase or sale of motor vehicles and other specific commodities.
History: L. 1937, ch. 166, § 2; June 30.
8-603. Certain financing agreements declared void.
It shall be unlawful for any manufacturer to sell or enter into a contract to sell any motor vehicle or vehicles or other specific commodities to any dealer on the condition or under an agreement, either express or implied, that such dealer shall finance the purchase or sale of any such motor vehicle or vehicles or other specific commodities only with or through a designated person, and any such condition, agreement or understanding hereby is declared to be void and against the public policy of this state.
History: L. 1937, ch. 166, § 3; June 30.
8-604. Same; prima facie evidence of sale prohibited under 8-603.
Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer, or by any person who is engaged in the business of financing the purchase or sale of motor vehicles or other specific commodities and is affiliated with or controlled by any manufacturer, that such manufacturer will cease to sell, or will terminate or refuse to enter into a contract to sell motor vehicles or such other specific commodities to such dealer unless such dealer finances the purchase or sale of any such motor vehicle or vehicles or such other specific commodities only with or through a designated person, shall be presumed to be made at the direction of and with the authority of such manufacturer and shall be prima facie evidence of the fact that such manufacturer has sold or intends to sell such motor vehicle or vehicles or other specific commodities on the condition or under the agreement prohibited in K.S.A. 8-603.
History: L. 1937, ch. 166, § 4; June 30.
8-605. Duty of attorney general or county attorney.
For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the attorney general or the county attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state.
History: L. 1937, ch. 166, § 5; June 30.
8-606. Violations by foreign corporations and associations; injunction; revocation of license.
Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business in this state, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state shall be authorized to revoke the license of any such corporation or association heretofore authorized by the secretary to do business in this state, after final judgment.
History: L. 1937, ch. 166, § 6; June 30.
8-607. Penalty for violating 8-601 to 8-610.
Any person who shall violate any of the provisions of this act, and any employee, agent or officer of any such person who shall participate, in any manner, in making, enforcing or performing, or in aiding or abetting, in the performance of any such contract, condition, agreement or understanding, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not less than $100 nor more than $5,000 or by imprisonment in the custody of the secretary of corrections for not less than one year nor more than five years, or by both such fine and imprisonment.
History: L. 1937, ch. 166, § 7; L. 1990, ch. 309, § 4; May 24.
8-608. Damage actions.
In addition to the penalties herein provided, any person who is injured in business or property by any other person or corporation or association or partnership, by reason of any thing forbidden or declared to be unlawful by this act, may sue therefor in any court, having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act are pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not.
History: L. 1937, ch. 166, § 8; June 30.
8-609. Contracts and agreements in violation deemed void.
Any contract or agreement in violation of the provisions of this act shall be absolutely void and shall not be enforceable either in law or equity.
History: L. 1937, ch. 166, § 9; June 30.
8-610. Invalidity of part.
If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act.
History: L. 1937, ch. 166, § 10; June 30.