Exam 23: Sales Remedies

a. Under the Code, when can an injured party seek the remedy of specific performance? b. How does this rule differ from the common law? c. Compare the remedies of replevin and specific performance. How are they alike? How are they different?

Which of the following is correct with respect to consequential damages under the Code?

Under the CISG, avoidance of a contract cancels any provision for settlement of disputes.

As the result of a seller's breach, a buyer may ask for incidental damages. Incidental damages include costs incurred in:

After a breach by the seller, buyer may replevy the goods after identification if:

A seller's remedies upon the buyer's default:

Under the UCC, the aggrieved party must choose one remedy to ask for and forfeit the others.

Which of the following would not be a remedy available to the seller on account of buyer's breach?

A buyer's incidental damages include reasonable expenses or commissions in effecting cover.

The amount of liquidated damages included in a contract that would be upheld by a court:

In the Bigelow-Sanford, Inc. v. Gunny Corp. case, the court found:

Denver has rightfully rejected nonconforming goods that were delivered to him. Explain his interest in those goods in his possession and his rights and duties regarding the goods.

Landview Appliances sells a stove to Evan for his home. The contract of sale excludes liability for consequential damages. When Evan turns on the stove, it catches fire, burning Evan severely. Evan cannot recover for his injuries because of the exclusion of damages clause.

If the seller has failed to comply with Code requirements in making a resale of goods that were wrongfully rejected, a good faith purchaser at the resale takes the goods subject to rights of the original buyer.