Seller remedies Flashcards
When can S withhold delivery?
B fails to pay
discovering that B on credit is insolvent
When can the seller recapture the goods from a credit B?
B = insolvent and buys on credit
S makes demand w/n 10 days of B buying
what is an exception to the 10 day limit for seller recapturing from a credit insolvent B?
if B in writing misrepresented his solvency - now 90 days
when else may S recapture?
B pays w/ dishonored check
S can stop goods in transit to B if find out B is insolvent/breaches
When is S entitled to the full k price?
B accepted goods
conforming goods lost or damages after risk of loss is on B OR
Identified goods unable to be sold
what other damages are available to S?
k price v mkt price
k price v resale price
what is a lost profit seller?
S needs to mitigate against breach by selling goods to another
instead of one sale, S deserved 2 sales
k price = cost to manufacturer