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Buyer's Remedies for Nondelivery

Learn about the buyer’s remedies if the seller either fails to make conforming delivery or repudiates the contract.

Transcript

As with the seller’s remedies, the primary purpose of a buyer’s remedies under Article 2 is to ensure that the buyer is put in the same position as the buyer would’ve been in had the parties performed under the contract. To this end, Article 2 provides the buyer with different remedies depending on whether the buyer has accepted the goods at the time of the breach.

We’ll start by considering the remedies available to a buyer who hasn’t accepted the goods.

I. Buyer’s Remedies

If the seller fails...

Lessons

1. Welcome to Sales
  • Welcome to Sales
2. Introduction to UCC Article 2
  • Scope of Article 2: Transactions in Goods
  • Distinguishing Goods and Services Contracts
  • Key Terms in Article 2
3. Contract Formation and Modification
  • Contract Formation and Modification
  • Battle of the Forms
  • The Statute of Frauds
  • The Parol Evidence Rule
4. Contract Interpretation
  • Article 2 Gap-Fillers
  • Risk of Loss
  • Additional Interpretive Devices
5. Performance
  • The Perfect-Tender Rule and the Right to Cure
  • Inspection and Acceptance
  • Rejection and Revocation
6. Breach, Repudiation, and Excuse
  • Anticipatory Repudiation
  • Adequate Assurance
  • Impracticability of Performance
7. UCC Article 2 Warranties
  • Express Warranties
  • Implied Warranty of Merchantability
  • Implied Warranty of Fitness
  • Excluding and Modifying Warranties
8. Remedies
  • Seller's Remedies
  • Seller's Alternative Remedies
  • Buyer's Remedies for Nondelivery
  • Buyer's Remedies for Accepted Goods
  • Buyer's Incidental and Consequential Damages