For this assignment, you will use the following template below and complete it as indicated in the document.Use the UCC Article 2 Sales in Lexis.com to help you and go to Seller’s remedies in general and to Buyer’s remedies in general.Using Lexis, find UCC Article 2 Sales. A possible search is “uniform commercial code
seller remedies Florida.” You may use your home state in place of Florida or not use a
state name. Select statutes and legislation. Use tables of contents to get to other seller
remedies and to buyer remedies. Get assistance as needed from your Instructor, Ask LLC,
or LexisAdvance help line 1-800-543-6862.
Search seller’s remedies and buyer’s remedies and use the sections that refer to the
seller’s remedies, in general, and the buyer’s remedies, in general. Seeing these sections
will help you understand more about the excerpts from the sections and the selected
remedies listed below.
Able Seller sold 1,000 widgets to Baker Buyer. They are to be picked up by Buyer in lots
of 100 each.
Since Baker Buyer has no credit, the terms require that each part of the goods be paid for
as soon as delivery is made. Delivery is being made at the warehouse owned by Able
Seller. Each lot of 100 requires payment of $10,000, so the whole contract price is
$100,000.
Scenario A: Baker Buyer has picked up 2 lots of 100 widgets, but did not pay. He owes
$10,000.
Able Seller has come to the law office and has asked for an immediate lawsuit for the
entire price of $100,000. He intends to go ahead and let Baker Buyer pick up the rest of
the widgets in the meantime.
1. Is this the most practical seller’s remedy? Why or why not?
2. What other remedies are available to Able Seller according to the Uniform
Commercial Code? Note that you may select one, two or three of the remedies.
Select from choices A, B, and C:
A. “(a) withhold delivery of such goods;
…
B. (f) cancel.” U.C.C. § 2-703
C.Ҥ 2-709. Action for the Price.
(1) When the buyer fails to pay the price as it becomes due the seller may recover,
together with any incidental damages under the next section, the price
(a) of goods accepted or of conforming goods” U.C.C. § 2-709
Which of the three choices, A, B, or C, did you select? Explain all three of the possible
remedies in your own words.
Scenario B. Baker Buyer has picked up 2 lots, each with 100 widgets, paid for them in
full, and is not satisfied with them. Half of the widgets in each lot are poorly made and do
not fit the purpose for which he bought them. He uses widgets as part of his production of
precision parts. The poor quality of some widgets has slowed his production.
Baker Buyer has come into the law office and intends to sue for damages. He could get
replacements for the bad widgets from Able Seller, or get “cover” replacements from one
of Able Seller’s competitors. But, he has chosen to stop production and rely 100% on a
lawsuit for damages.
3. Is the lawsuit for damages the best practical option for Baker Buyer? Why or why not?
4. What other possible remedies does Baker Buyer have under the UCC Sales Article?
Which appear to be the best or most applicable to the situation?
Select from these possible buyer’s remedies A, B, and C. Note that you may select one,
two or three of the remedies.
§ 2-711. Buyer’s Remedies in General; Buyer’s Security Interest in Rejected Goods.
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects
or justifiably revokes acceptance then with respect to any goods involved, and with
respect to the whole if the breach goes to the whole contract (Section 2-612), the buyer
may cancel and whether or not he has done so may in addition to recovering so much of
the price as has been paid
A. (a) “cover” and have damages under the next section as to all the goods affected
whether or not they have been identified to the contract; or
…
B. (b) in a proper case obtain specific performance or replevy the goods as provided in
this Article (Section 2-716).
U.C.C. § 2-711
C. § 2-717. Deduction of Damages From the Price.
The buyer on notifying the seller of his intention to do so may deduct all or any part of
the damages resulting from any breach of the contract from any part of the price still due
under the same contract. U.C.C. § 2-717
Which of the three choices, A, B, or C, did you select? Explain all three of the possible
remedies in your own words.
.
Purchase answer to see full
attachment
Why Choose Us
- 100% non-plagiarized Papers
- 24/7 /365 Service Available
- Affordable Prices
- Any Paper, Urgency, and Subject
- Will complete your papers in 6 hours
- On-time Delivery
- Money-back and Privacy guarantees
- Unlimited Amendments upon request
- Satisfaction guarantee
How it Works
- Click on the “Place Order” tab at the top menu or “Order Now” icon at the bottom and a new page will appear with an order form to be filled.
- Fill in your paper’s requirements in the "PAPER DETAILS" section.
- Fill in your paper’s academic level, deadline, and the required number of pages from the drop-down menus.
- Click “CREATE ACCOUNT & SIGN IN” to enter your registration details and get an account with us for record-keeping and then, click on “PROCEED TO CHECKOUT” at the bottom of the page.
- From there, the payment sections will show, follow the guided payment process and your order will be available for our writing team to work on it.