Contracts I
Terms
undefined, object
copy deck
- UCC 2-716 (1)
- Specific Performance may be decreed where the goods are unique or in other proper circumstances (inability to cover is strong probative evidence for specific performance)
- Rest. 3d sec 348 (2) b Economic Waster
- expectation interest in choosing between diminution of value or cost of performance avoid clearly disproportionate to the probable loss in value
- UCC 2-715
- loss may be determined in nay manner which is reasonable under the circumstances.
- UCC 1-305(a)
- all code remedies shall be liberally adminstered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed.
- Rest. 2d sec. 249
- burden of proof on the defendant to show what the plaintiff's losses would have been
- UCC-2-715 (1)
- allows an aggrieved buyer to recover incidental damages defined to include expenses reasonably incurred inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
- 2-715 (2)
- consequential damages defined to include any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which coud not reasonably be prevented by cover or otherwise; and injury to person o property proximately resulting from any breach of warranty