California Commercial Code CHAPTER 7 - Remedies

• Section 2701.
  Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this division.(Enacted...
• Section 2702.
  (1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the...
• Section 2703.
  Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect...
• Section 2704.
  (1) An aggrieved seller under the preceding section may(a) Identify to the contract conforming goods not already identified if at the time he learned of the breach...
• Section 2705.
  (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section...
• Section 2706.
  (1) Under the conditions stated in Section 2703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale...
• Section 2707.
  (1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of...
• Section 2708.
  (1) Subject to subdivision (2) and to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for...
• Section 2709.
  (1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section,...
• Section 2710.
  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...
• Section 2711.
  (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,...
• Section 2712.
  (1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or...
• Section 2713.
  (1) Subject to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for nondelivery or repudiation by...
• Section 2714.
  (1) Where the buyer has accepted goods and given notification (subdivision (3) of Section 2607) he or she may recover, as damages for any nonconformity of...
• Section 2715.
  (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...
• Section 2716.
  (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...
• Section 2717.
  The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach...
• Section 2718.
  (1) Damages for breach by either party may be liquidated in the agreement subject to and in compliance with Section 1671 of the Civil Code. If...
• Section 2719.
  (1) Subject to the provisions of subdivisions (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,(a) The agreement may...
• Section 2720.
  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...
• Section 2721.
  Remedies for material misrepresentation or fraud include all remedies available under this division for nonfraudulent breach. Neither rescission or a claim for rescission of the...
• Section 2722.
  Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party...
• Section 2723.
  (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...
• Section 2724.
  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...
• Section 2725.
  (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original...

Last modified: October 22, 2018