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When a seller refuses to deliver goods that are unique, a buyer can obtain specific performance. in a sale on approval, a buyer takes goods primarily for resale, with a right to return any goods that fail to sell.
Merchant- The risk of loss passes to the buyer when the goods are received. When documents that can transfer title, or ownership, represent existing, identified goods, the buyer has property interest, but not title, and an insurable interest in such goods at the time and place of contacting for their sale.
1)Buyer may cancel or rescind the goods if the seller has repudiated the contract, fails to deliver goods, or the goods' acceptance is revoked. 2)Entitles buyer to recover amounts paid and does not destroy buyer's action for breach against the seller.
One of the most common remedies chosen by buyers after a breach of contract by the seller is a lawsuit for damages for nondelivery. These suits occur if the seller fails or simply refuses to deliver the goods that were promised in the contract.
If the seller/lesser refuses to deliver the goods or the buyer/lessee has rightfully rejected the goods, the buyer/lessee can cancel (rescind) the contract, obtain goods that have been paid for if the seller or lesser is insolvent, sue to obtain specific performance if the goods are unique or damages are an inadequate
The most common material breach by buyers in real estate contracts is failing to follow through with a closing and not actually paying for and taking possession of the property as agreed to in the contract. When a buyer breaches a real estate contract, the seller may be entitled to monetary damages.
"Curing" Defective Goods A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
(2)fffdfffdfffdfffd if the buyer has breached the contract but is not insolvent, the seller may stop the carrier or bailee from delivering the goods only if the quantity shipped is at least a carload, truckload, planeload, or a larger shipment.
When a buyer has breached a sales contract, and the goods are in his or her possession, the seller can sue to recover the purchase price, but not incidental damages. B14. A buyer's failure to cover will bar him or her from using any other remedies available under the UCC.
If the seller or lessor refuses to deliver the goods to the buyer or lessee, the basic remedies available to the buyer or lessee include the right to: 1. Cancel (rescind) the contract.