Week 2 Discussion BUS3055

Remedies for Breach of Contract

© 2017 South University

Page 2 of 2

Business and Commercial Law

©2017 South University

2
Remedies for Breach of Contract

Warranties, Product Liability and Remedies

UCC Article 2 – Seller’s Remedies

Remedy Stop

Delivery

Resale

Price

Market

Price

Action for

Price

Lost Profit

UCC

Section

2-703 2-706

2-710

2-708

2-710

2-709

2-708

2-708(2)

Availability

Conditions

Insolvency

Advance

breach by

the buyer

Buyer fails to

take possession

of goods

Buyer fails to

take possession

of goods

Specially

manufactured

goods

Anticipatory

repudiation

Breach

Type of

Remedy

Stop

delivery of

any size

shipment or

recover

goods if

buyer is

insolvent

Contract price –

Resale price +

Incidental

damages

– Expenses

saved

+ Consequential

damages

Contract price –

Market price +

Incidental

damages

– Expenses

saved

+ Consequential

damages

Contract price

+ Incidental

damages

– Expenses

saved

+ Consequential

damages

Profits

+ Incidental

damages

– Salvage value

+ Consequential

damages

UCC Article 2 – Buyer’s Remedies

Remedy Specific

Performance

Cover Market Price

UCC

Section

2-711 2-712

2-715

2-708

2-710

Availability

Conditions

Rare or unique

goods

Seller fails to deliver or the

goods are defective

Buyer fails to take possession of

goods

Type of

Remedy

Buyer get the

goods plus

incidental and

consequential

damages

Cover price

– Contract price

+ Incidental damages

+ Consequential damages

– Expenses saved

Market price

– Contract price

+ Incidental damages

+ Consequential damages

– Expenses saved

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