Remedies

Question 1

The Perfect Tender rule

Answer 1

1) conforming goods
2) delivered at buyer’s disposition
3) any notification reasonably necessary to enable buyer to take deliver

Question 2

Define “at buyer’s disposition”

Answer 2

Buyer sets time, place, and manner of delivery

Question 3

A buyer may inspect goods identified to the contract, and may inspect them …

Who bears the cost?

Answer 3

In any reasonable place and time and in any reasonable manner

Buyer, but expense are recoverable if goods do not conform and are rejected

Question 4

Buyer must pay — — for — goods

Answer 4

Contract rate
Accepted

Question 5

If non conforming goods are accepted . . . Unless . . .

Answer 5

Rejection is precluded if made with knowledge

Made under assumption it would be seasonably cured

Question 6

Acceptance of non-conforming goods does not allow rejection, but …

Answer 6

Does not impair other remedies for non-conformity

Question 7

If tender is accepted, what must buyer do if there is a breach?

Answer 7

Within a reasonable time of discover, they must notify the seller or be barred from any remedy.

Question 8

2 major categories of remedies for buyers

Answer 8

1) buyer has accepted defective goods and cannot rightfully revoke acceptance or does not wish to do so
2) seller fails to deliver the goods or buyer properly rejects

Question 9

General damages may be claimed even if not …

Answer 9

Foreseeable or specifically claimed

Question 10

Special damages, a.k.a. —, must

Answer 10

Consequentialist
Foreseeable to breaching party at time of contracting

Question 11

Damage calc for breach of warranty

Answer 11

Value of goods as they would have been—value of goods accepted

Question 12

Damage calc for failure to deliver or rightful rejection

Answer 12

Difference between market price at time of breach—the contract price

Or

Cover: purchase substitute goods from other sources, if in good faith and commercially reasonable
Cost of cover—contract price

Question 13

What is market price?

Answer 13

Price that existed at time of breach at place tender was to occur

Question 14

When will specific performance be granted?

Answer 14

If goods are unique

Question 15

If after reasonable effort, unable to cover because effor will be unavailing or goods have been shipped with security interest, and goods were in existence at time of contract or were identified to it

Answer 15

Replevin defined