Remedies of the Buyers and Sellers Under the Uniform Commercial Code UCC CPA Exam REG

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  • เผยแพร่เมื่อ 16 ธ.ค. 2023
  • In this video, I discuss the remedies of the buyers and sellers under the Uniform Commercial Code.
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    Under the Uniform Commercial Code (UCC), which governs commercial transactions in the United States, both sellers and buyers have specific remedies available if the other party breaches a sales contract. These remedies are designed to put the non-breaching party in as good a position as they would have been had the contract been fully performed.
    Remedies Available to the Seller
    Withhold Delivery: If the buyer breaches the contract, the seller may withhold delivery of the goods.
    Stop Delivery: If the seller discovers the buyer to be insolvent, they may stop delivery of the goods in transit.
    Resell the Goods: The seller may resell the goods and recover the difference between the resale price and the contract price, plus any incidental damages.
    Recover the Price: If the goods cannot be resold, or it is impracticable to resell them, the seller may recover the contract price from the buyer.
    Cancel the Contract: The seller can cancel the contract and recover damages for breach.
    Claim for Damages: This includes incidental damages (costs incurred in dealing with the breach) and consequential damages (additional losses caused by the breach).
    Remedies Available to the Buyer
    Cancel the Contract: The buyer may cancel the contract if the seller fails to deliver the goods or breaches the contract in another way.
    Cover: The buyer can purchase similar goods elsewhere and recover the difference between the cost of cover and the contract price from the seller.
    Recover Damages for Non-Delivery or Repudiation: If the seller fails to deliver the goods, the buyer may recover damages equal to the difference between the market price at the time of the breach and the contract price, plus incidental and consequential damages.
    Specific Performance: In cases where the goods are unique or in other proper circumstances, the buyer may demand specific performance, which means enforcing the original contract terms.
    Rejection of Goods: If the goods do not conform to the contract, the buyer may reject them, cancel the contract, and seek damages.
    Revocation of Acceptance: If the non-conformity substantially impairs the value of the goods and was not initially apparent (latent defect), the buyer may revoke acceptance of the goods and seek remedies as if they had rejected them.
    Claim for Damages for Accepted Goods: If the buyer accepts non-conforming goods, they can keep them and claim damages for the non-conformity.
    It's important to note that the UCC is a complex set of laws, and the specific remedies available can vary depending on the nature of the transaction, the terms of the contract, and the jurisdiction. Legal advice should be sought in any specific situation involving a commercial transaction governed by the UCC.
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