Sec. 45.02.717. Deduction of damages from the price.
The buyer on notifying the seller of the intention to do so may deduct all or any part of the damages resulting from a breach of the contract from any part of the price still due under the same contract.
Sec. 45.02.718. Liquidation or limitation of damages; deposits.
(a) Damages for breach by either party may be liquidated in the agreement but only at an amount that 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 […]
Sec. 45.02.719. Contractual modification or limitation of remedy.
(a) Subject to (b) and (c) of this section and AS 45.02.718 on liquidation and limitation of damages, (1) 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 by limiting the buyer’s […]
Sec. 45.02.720. 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 a claim in damages for an antecedent breach.
Sec. 45.02.721. 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 bars or is inconsistent with a claim for damages or other remedy.
Sec. 45.02.722. Who can sue third parties for injury to goods.
If a third party so deals with goods that have been identified to a contract for sale as to cause actionable injury to a party to that contract, (1) 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 […]
Sec. 45.02.723. Proof of market price; time and place.
(a) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, damages based on market price (AS 45.02.708 or 45.02.713) shall be determined according to the price of the goods prevailing at the time the aggrieved party learned of the repudiation. […]
Sec. 45.02.724. Admissibility of market quotations.
When the prevailing price or value of goods regularly bought and sold in an 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 the market are admissible in evidence. The circumstances of the preparation of such a report […]
Sec. 45.02.725. Statute of limitations in contracts for sale.
(a) An action for breach of a contract for sale must be commenced within four 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 year but may not extend it. (b) A cause of action accrues when the breach […]
Sec. 45.02.712. “Cover”; buyer’s procurement of substitute goods.
(a) After a breach within AS 45.02.711, the buyer may “cover” by making in good faith and without unreasonable delay a reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (b) The buyer may recover from the seller as damages the difference between the cost of cover and […]