402.717 – Deduction of damages from the price.
402.717 Deduction of damages from the price. The buyer on notifying the seller of the buyer’s 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. History: 1991 a. 316.
402.718 – Liquidation or limitation of damages; deposits.
402.718 Liquidation or limitation of damages; deposits. (1) 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 […]
402.709 – Action for the price.
402.709 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 s. 402.710, the price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed […]
402.710 – Seller’s incidental damages.
402.710 Seller’s incidental damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer’s breach, in connection with return or resale of the goods or otherwise resulting from the breach.
402.711 – Buyer’s remedies in general; buyer’s security interest in rejected goods.
402.711 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 (s. 402.612), the buyer […]
402.712 – “ Cover”; buyer’s procurement of substitute goods.
402.712 “ Cover”; buyer’s procurement of substitute goods. (1) After a breach within s. 402.711 the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover from the seller as damages […]
402.713 – Buyer’s damages for nondelivery or repudiation.
402.713 Buyer’s damages for nondelivery or repudiation. (1) Subject to s. 402.723 with respect to proof of market price, the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental […]
402.704 – Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
402.704 Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. (1) An aggrieved seller under s. 402.703 may: (a) Identify to the contract conforming goods not already identified if at the time the aggrieved seller learned of the breach those goods are in the aggrieved seller’s possession or control; […]
402.705 – Seller’s stoppage of delivery in transit or otherwise.
402.705 Seller’s stoppage of delivery in transit or otherwise. (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to be insolvent (s. 402.702) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer […]
402.706 – Seller’s resale including contract for resale.
402.706 Seller’s resale including contract for resale. (1) Under the conditions stated in s. 402.703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and […]