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unable to make a payment; no money; bankrupt |
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stop a delivery while on route to buyer due to buyer's lack of payment (repudiation) |
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reduce ones own damages by action to prevent further loss |
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a seller gives notice to a buyer when the seller is selling the goods in a private or public sale. |
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the right of the seller to reclaim the goods from the buyer |
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losses related to dealing with the other's party's breach |
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loss related to the breach that the breacher had reason to know would occur.
This includes personal injury and property damages. |
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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. |
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Under the UCC, a court will require specific performance if it is for something "unique". Ex. Tiffany Lamp, real property |
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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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