remedies Flashcards

1
Q

specific performance standard

A

no adequate remedy at law and terms of k are sufficiently definite

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

va will not allow punitive damages unless

A

compensatory damages are awarded and breaching party is liable for willful, independent tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

perfect tender rule

A

does not conform exactly to the k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

if buyer rejects good

A

1) notify in reasonable time
2) buyer entitled to inspect
3) notify seller of rejection and
4) if reejection is late, its impliedly accepted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

if buyer accepts goods

A

buyer must pay purchase price and may deduct damages from purchase price

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

acceptance occurs when

A

indicates he is accepting or inconsistent with seller’s ownership of goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

revocation of acceptance

A

if
1) nonconformity substantially impairs the value of goods

reqs
1) notify seller she is revoking
2) reasonable time from when buyer discover or should have discovered
3) and satisfy one of these
- seller promised to cure
- seller made assurances regarding goods
- nonconformity is latent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly