Contract Damages and Remedies U.C.C. Remedies for Breach For Sellers on Buyers’ Breach: a) loss, in case of resale, + incidental damages (§2-706)). b) lost bargain/value, if no resale (price differential time and place of breach), + incidentals (§2-708(1)). c) lost profit on the sale for large-volume sellers, + incidentals (§2-708(2)). For Buyers on Sellers’ Breach: a) “cover” plus incidental damages and (proved) consequential ones (§2-712)). b) lost “bargain value” (time and place learning of breach, if no cover) + incidentals and (proved) consequential ones (§2-713)). c) warranty damages – differential of good as promised and as delivered (§2-714)). These are clearly “compensatory.” There are other steps possible, e.g. suspending payment or shipment. The U.C.C. does not define what a breach is, but late delivery, poor quality, right to ask for adequate assurances, etc., are all possible. Many similarities to common law damages, but some differences. Sellers do not get consequential damages under U.C.C. Article 2. Can you think why? Buyers s lose right to any consequential damages that could have been avoided by acting reasonably. U.C.C. Art. 2, §2-715(2)(a). Does this seem familiar? To require reasonable attempts to avoid? © 2018 Paul J. Carrier, Paul J Carrier, LLC Blue – Category Recognition; White – Specific Category; Yellow – “Black Letter” Rules (to be memorized); Green – Main Factual Issues – Analysis; Red – Upper-Level, Integrated Comprehension