Pennsylvania Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties

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Multi-State
Control #:
US-02880BG
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Word; 
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Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:


Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must


" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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FAQ

If a seller fails to deliver conforming goods, the measure of recovery in the buyer's suit for damages is the difference between the contract price and the market price at the place of delivery at the time the buyer learns of the breach.

(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less ...

The UCC permits the seller to also take other steps with respect to the goods directly affected or if the whole contract was breached, with respect to the whole undelivered balance of the contract. These remedies include withholding delivery of the goods, stopping the delivery of the goods or canceling the contract.

If a buyer breaches a contract, the seller is generally only able to retain the contract deposit as liquidated damages. When a seller breaches a contract, the buyer can seek remedies like money damages and specific performance, meaning a forced sale of the property or rescission of the contract.

The seller does not have the right to withhold delivery of the goods. If the buyer is in breach of? contract, the seller must deliver the goods and then sue the buyer for damages.

If a party fails to either substantially or fully perform, the other party's remaining obligations, if any, under the contract are discharged. Time for Performance: If no time is stated in the contract, performance is due within a reasonable time.

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.

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Pennsylvania Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties