Remedies to Buyers under the UCC
Remedy
Description
Cancel the
contract
The UCC allows buyers to cancel the contract for nonconforming goods and to seek
remedies that give them the benefit of the bargain.
Obtain cover
Buyers are allowed to substitute goods for those due under the sales contract. However,
substitutes must be reasonable, acquired without delay, and obtained in good faith.
Obtain
specific
performance
If the goods are unique or a legal remedy is inadequate, the seller may be required to
deliver the goods as identified in the contract.
Sue
Buyers are entitled to consequential and incidental damages if there is a breach of
contract. They may also be able to obtain liquidated damages (damages before the breach
occurs) or punitive damages.
Table 8.4
Assessment Questions
1. What is a sales contract?
2. All of the following are features of sales contracts except:
a.
Consensual.
b.
Bilateral.
c.
Cumulative.
d.
Principal.
3. What source of law governs sales contracts?
a.
Common Law.
b.
The Uniform Commercial Code.
c.
Statutory Law.
d.
Federal Law.
4. What is the definition of a good?
5. Distinguish a shipment contract from a destination contract.
6. What is a warranty in a sales contract?
7. Describe the difference between an express and implied warranty.
94
Chapter 8 Sales Contracts
This OpenStax book is available for free at http://cnx.org/content/col30149/1.5