10.3.6.1 Uniform Commercial Code §§ 2-706, 2-708, 2-710, 2-712, 2-713, 2-715 | rauvinj | September 26, 2012

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10.3.6.1 Uniform Commercial Code §§ 2-706, 2-708, 2-710, 2-712, 2-713, 2-715

Original Creator: Kessler, Gilmore & Kronman Current Version: rauvinj
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§2-706. SELLER'S RESALE INCLUDING CONTRACT FOR RESALE

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(1) Under the conditions stated in Section 2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this Article (Section 2-710), but less expenses saved in consequence of the buyer's breach. . . .

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§2-708. SELLER'S DAMAGES FOR NON-ACCEPTANCE OR REPUDIATION

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(1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-acceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article (Section 2-710), but less expenses saved in consequence of the buyer's breach.

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(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article (Section 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

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§2-710. SELLER'S INCIDENTAL DAMAGES

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Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.

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§2-712. "COVER"; BUYER'S PROCUREMENT OF SUBSTITUTE GOODS

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(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

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(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (Section 2-715), but less expenses saved in consequence of the seller's breach.

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(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.

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§2-713. BUYER'S DAMAGES FOR NON-DELIVERY OR REPUDIATION

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(1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller's breach.

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(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptances, as of the place of arrival.

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§2-715. BUYER'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

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(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

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(2) Consequential damages resulting from the seller's breach include

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(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

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(b) injury to person or property proximately resulting from any breach of warranty.

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Annotated Text Information

February 15, 2015

10.3.6.1 Uniform Commercial Code §§ 2-706, 2-708, 2-710, 2-712, 2-713, 2-715

10.3.6.1 Uniform Commercial Code §§ 2-706, 2-708, 2-710, 2-712, 2-713, 2-715

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