Alaska Statutes Title 45, Chapter 45.02, Article 07 - Remedies

• Sec. 45.02.701 Remedies for Breach of Collateral Contracts Not Impaired.
  Remedies for breach of an obligation or promise collateral or ancillary to a contract for sale are not impaired by this chapter.
• Sec. 45.02.702 Seller's Remedies on Discovery of Buyer's Insolvency.
  (a) If the seller discovers the buyer is insolvent, the seller may refuse delivery except for cash including payment for all goods previously delivered...
• Sec. 45.02.703 Seller's Remedies in General.
  If the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with...
• Sec. 45.02.704 Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods.
  (a) An aggrieved seller under AS 45.02.703 may(1) identify to the contract conforming goods not already identified if at the time the seller learned...
• Sec. 45.02.705 Seller's Stoppage of Delivery in Transit or Otherwise.
  (a) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to...
• Sec. 45.02.706 Seller's Resale Including Contract for Resale.
  (a) Under the conditions stated in AS 45.02.703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance of the...
• Sec. 45.02.707 Person in the Position of a Seller.
  (a) A person in the position of a seller includes, as against a principal, an agent who has paid or become responsible for the...
• Sec. 45.02.708 Seller's Damages for Nonacceptance or Repudiation.
  (a) Subject to (b) of this section and to the provisions with respect to proof of market price (AS 45.02.723 ), the measure of...
• Sec. 45.02.709 Action for the Price.
  (a) If the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages under AS...
• Sec. 45.02.710 Seller's Incidental Damages.
  Incidental damages to an aggrieved seller include commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of...
• Sec. 45.02.711 Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods.
  (a) If the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then, with respect to goods...
• 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...
• Sec. 45.02.713 Buyer's Damages for Nondelivery or Repudiation.
  (a) Subject to the provisions with respect to proof of market price (AS 45.02.723 ), the measure of damages for nondelivery or repudiation by...
• Sec. 45.02.714 Buyer's Damages for Breach in Regard to Accepted Goods.
  (a) If the buyer has accepted goods and given notification (AS 45.02.607(c)), the buyer may recover as damages for a nonconformity of tender the...
• Sec. 45.02.715 Buyer's Incidental and Consequential Damages.
  (a) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected,...
• Sec. 45.02.716 Buyer's Right to Specific Performance or Replevin.
  (a) Specific performance may be decreed where the goods are unique or in other proper circumstances.(b) The decree for specific performance may include such...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: November 15, 2016