402.724 – Admissibility of market quotations.
402.724 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 […]
402.725 – Statute of limitations in contracts for sale.
402.725 Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within 6 years after the cause of action has accrued. By the original agreement the parties, if they are merchants, may reduce the period of limitation to not less than one year. The period […]
402.722 – Who can sue 3rd parties for injury to goods.
402.722 Who can sue 3rd parties for injury to goods. Where a 3rd 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: (1) A right of action against the 3rd party is in either party to the contract for […]
402.723 – Proof of market price: time and place.
402.723 Proof of market price: time and place. (1) 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 (ss. 402.708 or 402.713) shall be determined according to the price of such goods prevailing at […]
402.719 – Contractual modification or limitation of remedy.
402.719 Contractual modification or limitation of remedy. (1) Subject to subs. (2) and (3) and to s. 402.718 on liquidation and limitation of damages: (a) 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 […]
402.720 – Effect of “cancellation” or “rescission” on claims for antecedent breach.
402.720 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 the antecedent breach.
402.721 – Remedies for fraud.
402.721 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.
402.714 – Buyer’s damages for breach in regard to accepted goods.
402.714 Buyer’s damages for breach in regard to accepted goods. (1) Where the buyer has accepted goods and given notification (s. 402.607 (3)) the buyer may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable. […]
402.715 – Buyer’s incidental and consequential damages.
402.715 Buyer’s incidental and consequential damages. (1) 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. (2) […]
402.716 – Buyer’s right to specific performance or replevin.
402.716 Buyer’s right to specific performance or replevin. (1) Specific performance may be decreed where the goods are unique or in other proper circumstances. (2) The decree for specific performance may include such terms and conditions as to payment of the price, damages or other relief as the court may deem just. (3) The buyer […]