Section 22-706 – Copy: Duties Upon Rightful Refusal
(a) Except as otherwise provided in this section, after rightful refusal or revocation of acceptance of a copy, the following rules apply: (1) If the refusing party rightfully cancels the contract, § 22-802 of this title applies and all contractual use terms continue. (2) If the contract is not canceled, the parties remain bound by all contractual obligations. […]
Section 22-707 – Copy: Revocation of Acceptance
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it: (1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured; (2) During a continuing effort by the party in breach at […]
Section 22-708 – Adequate Assurance of Performance
(a) A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may: (1) Demand in a record adequate assurance of due performance; and (2) Until that assurance is received, if commercially reasonable, suspend […]
Section 22-709 – Anticipatory Repudiation
(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may: (1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if […]
Section 22-710 – Retraction of Anticipatory Repudiation
(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final. (b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party […]
Section 22-801 – Remedies in General
(a) The remedies provided in this title are cumulative, but a party may not recover more than once for the same loss. (b) Except as otherwise provided in §§ 22-803 and 22-804 of this subtitle, if a party is in breach of contract, whether or not the breach is material, the aggrieved party has the remedies provided […]
Section 22-802 – Cancellation
(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach. (b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause […]
Section 22-803 – Contractual Modification of Remedy
(a) Except as otherwise provided in this section and in § 22-804 of this subtitle: (1) An agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title or a party’s other remedies under this title, such as […]
Section 22-804 – Liquidation of Damages
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of: (1) The loss anticipated at the time of contracting; (2) The actual loss; or (3) The actual or anticipated difficulties of proving loss in the event of breach. (b) If a term liquidating damages is unenforceable under […]
Section 22-805 – Limitation of Actions
(a) Except as otherwise provided in subsection (b) of this section, an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues. […]