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Commercial Law
Chapter 15 Vocab
11
Law
Graduate
12/11/2012

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Cards

Term
Repudiation
Definition
not going to perform
Term
Insolvent
Definition
unable to make a payment; no money; bankrupt
Term
Stoppage in Transit
Definition
stop a delivery while on route to buyer due to buyer's lack of payment (repudiation)
Term
Mitigate
Definition
reduce ones own damages by action to prevent further loss
Term
Cure
Definition
a seller gives notice to a buyer when the seller is selling the goods in a private or public sale.
Term
Reclamation
Definition
the right of the seller to reclaim the goods from the buyer
Term
Incidental damages
Definition
losses related to dealing with the other's party's breach
Term
Consequential Damanges
Definition
loss related to the breach that the breacher had reason to know would occur.

This includes personal injury and property damages.
Term
Cover
Definition
covering is what the buyer has to do to mitigate damages; a buyer purchases substitute goods when the seller fails to deliver and then the buyer's remedy is the extra purchase price plus any costs for covering.
Term
Specific Performance
Definition
Under the UCC, a court will require specific performance if it is for something "unique". Ex. Tiffany Lamp, real property
Term
Liquidated Damages
Definition
parties provide in a K for how damages will be paid. It must be a reasonable estimation of damages or it will not be enforced.
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