Seller remedies Flashcards

1
Q

When can S withhold delivery?

A

B fails to pay

discovering that B on credit is insolvent

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2
Q

When can the seller recapture the goods from a credit B?

A

B = insolvent and buys on credit

S makes demand w/n 10 days of B buying

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3
Q

what is an exception to the 10 day limit for seller recapturing from a credit insolvent B?

A

if B in writing misrepresented his solvency - now 90 days

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4
Q

when else may S recapture?

A

B pays w/ dishonored check

S can stop goods in transit to B if find out B is insolvent/breaches

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5
Q

When is S entitled to the full k price?

A

B accepted goods

conforming goods lost or damages after risk of loss is on B OR

Identified goods unable to be sold

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6
Q

what other damages are available to S?

A

k price v mkt price

k price v resale price

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7
Q

what is a lost profit seller?

A

S needs to mitigate against breach by selling goods to another

instead of one sale, S deserved 2 sales

k price = cost to manufacturer

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