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Date Submitted: 09/11/2016 01:29 PM
Sales
Contracts
–
Breaches
and
Remedies
1
Sales Contracts – Breaches and Remedies
Flavia Ana Guez
Business Law for Managers
Prof. Maxine Mckenley
March, 2015
Sales
Contracts
–
Breaches
and
Remedies
2
In a business environment, you may at times find yourself caged by
circumstances. From time to time, you might have to make decisions that require
breaching a contract. As a merchant, the Uniform Commercial Code governs the impact
of the breach of your contract whether you are the seller or the buyer.
Seller`s remedies for breach of contract
If a buyer repudiates/ breaches a contract, the seller`s remedies and options are as
follows:
•
•
•
•
•
Withhold delivery of the goods
Stop delivery of goods in transit
Resell the goods and recover damages
Recover damages equal to the difference between the market price and the K
price
Cancel the contract
In a scenario where the seller chooses to resell the goods, the resale must be made in
good faith and in a commercially reasonable manner. In this situation, the seller may
recover the difference between the resale price and the contract price, together with any
incidental damages, but less expenses saved as a result of the buyer’s breach. If the
resale of the goods is done via a private sale, the seller must give the buyer reasonable
notice of the intended sale. If a reasonable notice is not given to the buyer, the seller
might be prevented from recovering under this remedy.
If the goods are not resold by the seller, the difference between the contract price and the
market price under the contract can be collected. The seller can instead choose to collect
it`s lost profit in the situation where the contract price/market price differential will not
adequately compensate seller. This might occur if the goods are sold at a fixed price, and
the original buyer's default causes the seller to lose out on an additional sale it...