CHAPTER 7. Remedies [2701. - 2725.]
Chapter 7 enacted by Stats. 1963, Ch. 819.
§§ 2701–2725 · 25 sections
- § 2701 Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this division.
- § 2702 (1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the…
- § 2703 Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or…
- § 2704 (1) An aggrieved seller under the preceding section may (a) Identify to the contract conforming goods not already identified if at the time he learned of the…
- § 2705 (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 2702) and may…
- § 2706 (1) Under the conditions stated in Section 2703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the…
- § 2707 (1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his…
- § 2708 (1) Subject to subdivision (2) and to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for…
- § 2709 (1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price (a)…
- § 2710 Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the…
- § 2711 (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods…
- § 2712 (1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or…
- § 2713 (1) Subject to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for nondelivery or repudiation by…
- § 2714 (1) Where the buyer has accepted goods and given notification (subdivision (3) of Section 2607) he or she may recover, as damages for any nonconformity of…
- § 2715 (1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of…
- § 2716 (1) Specific performance may be decreed where the goods are unique or in other proper circumstances. (2) The decree for specific performance may include such…
- § 2717 The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part…
- § 2718 (1) Damages for breach by either party may be liquidated in the agreement subject to and in compliance with Section 1671 of the Civil Code. If the agreement…
- § 2719 (1) Subject to the provisions of subdivisions (2) and (3) of this section and of the preceding section on liquidation and limitation of damages, (a) The…
- § 2720 Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a…
- § 2721 Remedies for material misrepresentation or fraud include all remedies available under this division for nonfraudulent breach. Neither rescission or a claim for…
- § 2722 Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract (a) A right…
- § 2723 (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based…
- § 2724 Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications…
- § 2725 (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the…