remedies Flashcards
specific performance standard
no adequate remedy at law and terms of k are sufficiently definite
va will not allow punitive damages unless
compensatory damages are awarded and breaching party is liable for willful, independent tort
perfect tender rule
does not conform exactly to the k
if buyer rejects good
1) notify in reasonable time
2) buyer entitled to inspect
3) notify seller of rejection and
4) if reejection is late, its impliedly accepted
if buyer accepts goods
buyer must pay purchase price and may deduct damages from purchase price
acceptance occurs when
indicates he is accepting or inconsistent with seller’s ownership of goods
revocation of acceptance
if
1) nonconformity substantially impairs the value of goods
reqs
1) notify seller she is revoking
2) reasonable time from when buyer discover or should have discovered
3) and satisfy one of these
- seller promised to cure
- seller made assurances regarding goods
- nonconformity is latent