ch22

West's Business Law with Online Research Guide, 9th Edition

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SELLER’S REMEDIES: GOODS IN THE SELLER’S POSSESSION - PT. I If the buyer breaches the contract before it has received the goods, the seller may: (1) cancel the contract, giving the buyer notice of cancellation, (2) withhold delivery , (3) resell or otherwise dispose of the goods, in a commercially reasonable manner, retaining any profit over the contract price or holding the buyer liable for any deficiency, plus any incidental damages, Unfinished Goods: If the goods are unfinished at the time of the breach, the seller may, if commercially reasonable, cease manufacturing the goods and dispose of them for salvage value. Notice: Unless the goods are perishable or threaten to rapidly decline in value, the seller must give the buyer notice of the resale or other planned disposition. Ch. 22: Remedies for Breach of Sales and Lease Contracts - No. 1 West’s Business Law (9th ed.)
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SELLER’S REMEDIES: GOODS IN THE SELLER’S POSSESSION - PT. II (4) if the seller is unable to dispose of the goods in a commercially reasonable manner, sue to recover the purchase price or payments due , plus incidental damages, or (5) sue to recover as damages (a) the difference between the contract price and the fair market price of the goods (at the time and place of tender), plus incidental damages, or (b) the seller’s lost profits , including a reasonable allowance for overhead and other expenses. A seller can only recover lost profits if recovering the difference between the contract price and the market price at the time and place of tender will not place her in the same position she would have been in had the buyer performed. Ch. 22: Remedies for Breach of Sales and Lease Contracts - No. 2 West’s Business Law (9th ed.)
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SELLER’S REMEDIES: GOODS IN TRANSIT If the seller has delivered the goods to a carrier or bailee, but the buyer has not yet received them, the seller may: (1) if the buyer is insolvent , stop the carrier or bailee from delivering the goods to the buyer, or (2) if the buyer has breached the contract but is not insolvent
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Ch22 - SELLERS REMEDIES GOODS IN THE SELLERS POSSESSION PT I If the buyer breaches the contract before it has received the goods the seller may(1

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