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7 Cards in this Set
- Front
- Back
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Describe Buyer's Remedies in general?
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2-711 deals with buyer's remedies in general. When seller fails to make delivery or repudiates, the buyer may: (1) cover and have damages; (2) recover damages for non-delivery; (3) do nothing (good for business relationship)
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Explain buyer's "cover"?
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2-712 allows a buyer to buy goods from somewhere else for more money. Good faith and reasonableness are required, but seller must disprove.
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What if buyer does not cover?
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2-713 provides for buyer's damages if they choose not to cover. If buyer doesn't cover, the measure of damages is the difference between the market price at the time of breach and the contract price at the time of formation. Creates a windfall for buyer. Buyer must prove market price.
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What if buyer accepts non-conforming goods?
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2-714 explains that a buyer may receive the difference between the value of goods of what they asked for and the value of what they actually got.
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What kinds of damages can a buyer receive?
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Incidental and consequential. 2-715 describes incidentals as expenses reasonably incurred in inspection, receipt, transportation, care, and custody of rightfully rejected goods, and any commercially reasonable charge in relation to the breach (resembles mitigation of damages). Consequentials are described as lost profit, loss of good will, injury to the person or property resulting from breach of warranty (these are foreseeable because of the breach)
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What does 2-716 provide for?
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Buyer may sue for specific performance
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What does 2-713 provide for?
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Buyer's damages if they don't cover. Difference between market price at time of breach and contract price at time of formation.
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