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Seller's Alternative Remedies

Learn the circumstances in which the seller may recover lost profits from the buyer and the rules governing whether a seller can maintain an action for the contractual price.

Transcript

In another lesson, we learned about the seller’s principal remedy and the default measure of damages under Article 2. However, in certain circumstances, those remedies may be inadequate to put the seller in as good a position as the buyer’s performance would have. In those cases, Article 2 may allow the seller to recover as damages either the seller’s lost profits or the contract price.

I. Recovery of Lost Profits

In appropriate cases, Article 2 allows the seller to recover the profit the...

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