UCC Damages Flashcards
(16 cards)
UCC Damages
- contract price
*cover price
*incidental
*lost volume sale price
*resale prices
*market price
*consequential
*specific performance
buyers election UCC
cancel and recover what has been paid
cover with substitute goods
recover damages based on market price
seek replevy of identified goods
specific performance
Sellers election UCC
withhold delivery
stop delivery
recover damages based on market price
recover contract price
cancel
Seller remedies Contrat
price for contract
cover price
difference between contract price and substitute goods
incidental
hard costs incurred because of the breach or securing substitute performance
lost volume sale price
the ability for seller to recover profit lost from the sale when it can prove that it could have sold two item instead of just one
specific performance
reserved for custom-made goods that are specifically identified in the contract
Consequential
profits lost as a result of not being able to sell the good
market price
difference between the contract price and the price the good is sold for on the open market
resale price
difference between the resale price and the contract price
A Catch all
UCC 2-708 if damages are provided in subsection 1 market price damges is inadequate to put the seller in as good position as performance would have done then the measure of damages the profit including reasonable overhead which the seller would have made from a future performance by the buyer, together with incidental damages due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
Seller remedy lost voluime theory
resell the stuff
cant resell it
recover either, difference between contract price usually higher and the market price usually lower+ incidental - expenses saved
or
the full contract price but must be hold the good for sale and sell them when a seller presents itself BONUS —- could have made two sales instead of one.
buyers remedies
cover damages
market price
specific performance
another catch all
seller remedies
resale
market price
contract price
a catch-all
Buyers remedies
buy replacement stuff, cover
cant buy new stuff
recover either difference between contract price and the market price usually higher + incidental + consequential- expenses saved breach
or
the good themselves provided they are still either unique or specifically identified in the contract
or buyer may cancel the contract return the goods and recover the contract price