Apply Remedies, law homework help
Using Lexis, find UCC Article 2 Sales. A possible search is “uniform commercial code seller remedies Florida.” You may use your home state in place of Florida or not use a state name. Select statutes and legislation. Use tables of contents to get to other seller remedies and to buyer remedies. Get assistance as needed from your Instructor, Ask LLC, or LexisAdvance help line 1-800-543-6862.
Search seller’s remedies and buyer’s remedies and use the sections that refer to the seller’s remedies, in general, and the buyer’s remedies, in general. Seeing these sections will help you understand more about the excerpts from the sections and the selected remedies listed below.
Able Seller sold 1,000 widgets to Baker Buyer. They are to be picked up by Buyer in lots of 100 each.
Since Baker Buyer has no credit, the terms require that each part of the goods be paid for as soon as delivery is made. Delivery is being made at the warehouse owned by Able Seller. Each lot of 100 requires payment of $10,000, so the whole contract price is $100,000.
Scenario A: Baker Buyer has picked up 2 lots of 100 widgets, but did not pay. He owes $10,000.
Able Seller has come to the law office and has asked for an immediate lawsuit for the entire price of $100,000. He intends to go ahead and let Baker Buyer pick up the rest of the widgets in the meantime.
1. Is this the most practical seller’s remedy? Why or why not?
2. What other remedies are available to Able Seller according to the Uniform Commercial Code? Note that you may select one, two or three of the remedies.
Select from choices A, B, and C:
A. “(a) withhold delivery of such goods;
…
B. (f) cancel.” U.C.C. § 2-703
C.Ҥ 2-709. Action for the Price.
(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) of goods accepted or of conforming goods” U.C.C. § 2-709
Which of the three choices, A, B, or C, did you select? Explain all three of the possible remedies in your own words.
Scenario B. Baker Buyer has picked up 2 lots, each with 100 widgets, paid for them in full, and is not satisfied with them. Half of the widgets in each lot are poorly made and do not fit the purpose for which he bought them. He uses widgets as part of his production of precision parts. The poor quality of some widgets has slowed his production.
Baker Buyer has come into the law office and intends to sue for damages. He could get replacements for the bad widgets from Able Seller, or get “cover” replacements from one of Able Seller’s competitors. But, he has chosen to stop production and rely 100% on a lawsuit for damages.
3. Is the lawsuit for damages the best practical option for Baker Buyer? Why or why not?
4. What other possible remedies does Baker Buyer have under the UCC Sales Article? Which appear to be the best or most applicable to the situation?
Select from these possible buyer’s remedies A, B, and C. Note that you may select one, two or three of the remedies.
§ 2-711. Buyer’s Remedies in General; Buyer’s Security Interest in Rejected Goods.
(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 involved, and with respect to the whole if the breach goes to the whole contract (Section 2-612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid
A. (a) “cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or
…
B. (b) in a proper case obtain specific performance or replevy the goods as provided in this Article (Section 2-716).
U.C.C. § 2-711
C. § 2-717. Deduction of Damages From the Price.
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 of the price still due under the same contract. U.C.C. § 2-717
Which of the three choices, A, B, or C, did you select? Explain all three of the possible remedies in your own words.
.APA FORMAT
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