UCC Damages

Question 1

seller breach & buyer keeps goods

Answer 1

Damages: depends on whether buyer accepts:
1. Non-acceptance: FMV of perfectly-delivered goods - FMV of goods actually delivered
2. Acceptance: V of goods delivered - V of goods as ordered

NOTE: if seller delivers non-conforming but superior goods, buyer is NOT responsible for increased value of superior goods

Question 2

seller breach & seller keeps/buyer returns goods

Answer 2

Damages: whichever is higher:
1. FMV of goods @ time of breach - K price
2. Buyer’s costs of covering/replacing goods - K price

Question 3

buyer breach & buyer has goods

Answer 3

Damages: K price

arises if goods are:
1. kept by buyer,
2. destroyed after ROL passes to buyer, or
3. returned and seller is unable to resell

Question 4

buyer breach & seller has goods

Answer 4

Damages: either
1. K price - FMV @ time of delivery, or
2. K price - resale price + provable lost profits

Question 5

conversion

Answer 5

FMV of goods @ time of conversion

Question 6

losses

Answer 6

buyers and sellers can also recover lost profits or damages for losess resulting from breach/nonconformance
- BUT must be foreseeable @ formation for recovery

Question 7

incidental + consequential damages

Answer 7

may be available