§ 47-2-717. 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.
§ 47-2-718. Liquidation or Limitation of Damages — Deposits
Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large […]
§ 47-2-719. Contractual Modification or Limitation of Remedy
Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages: the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as […]
§ 47-2-720. Effect of “Cancellation” or “Rescission” on Claims for Antecedent Breach
Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
§ 47-2-721. Remedies for Fraud
Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
§ 47-2-722. Who Can Sue Third Parties for Injury to Goods
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract: a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a […]
§ 47-2-723. Proof of Market Price — Time and Place
If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§ 47-2-708 or § 47-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of […]
§ 47-2-724. Admissibility of Market Quotations
Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such […]
§ 47-2-725. Statute of Limitations in Contracts for Sale
An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it. A cause of action accrues when the breach […]
§ 47-2-715. Buyer’s Incidental and Consequential Damages
Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. Consequential damages resulting from the seller’s breach include: […]