Code of Virginia - Title 8.2 Commercial Code - Sales - Part 7 Remedies

  • 8.2-701 Remedies for breach of collateral contracts not impaired
    Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this title. ...
  • 8.2-702 Seller's remedies on discovery of buyer's insolvency
    (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 ...
  • 8.2-703 Seller's remedies in general
    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 ...
  • 8.2-704 Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished go...
    (1) An aggrieved seller under the preceding section —§ 8.2-703] may (a) identify to the contract conforming goods not already identified if at the time ...
  • 8.2-705 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 he discovers the buyer to be insolvent ...
  • 8.2-706 Seller's resale including contract for resale
    (1) Under the conditions stated in § 8.2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the ...
  • 8.2-707 "Person in the position of a seller"
    (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 ...
  • 8.2-708 Seller's damages for nonacceptance or repudiation
    (1) Subject to subsection (2) and to the provisions of this title with respect to proof of market price (§ 8.2-723), the measure of damages ...
  • 8.2-709 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 the next ...
  • 8.2-710 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 ...
  • 8.2-711 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 ...
  • 8.2-712 "Cover"; buyer's procurement of substitute goods
    (1) After a breach within the preceding section —§ 8.2-711] the buyer may "cover" by making in good faith and without unreasonable delay any reasonable ...
  • 8.2-713 Buyer's damages for nondelivery or repudiation
    (1) Subject to the provisions of this title with respect to proof of market price (§ 8.2-723), the measure of damages for nondelivery or repudiation ...
  • 8.2-714 Buyer's damages for breach in regard to accepted goods
    (1) Where the buyer has accepted goods and given notification (subsection (3) of § 8.2-607) he may recover as damages for any nonconformity of tender ...
  • 8.2-715 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 ...
  • 8.2-716 Buyer's right to specific performance or detinue
    (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 ...
  • 8.2-717 Deduction of damages from the price
    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 ...
  • 8.2-718 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 ...
  • 8.2-719 Contractual modification or limitation of remedy
    (1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section —§ 8.2-718] on liquidation and limitation of ...
  • 8.2-720 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 ...
  • 8.2-721 Remedies for fraud
    Remedies for material misrepresentation or fraud include all remedies available under this title for nonfraudulent breach. Neither rescission or a claim for rescission of the ...
  • 8.2-722 Who can sue third parties for injury to goods
    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 ...
  • 8.2-723 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, ...
  • 8.2-724 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 ...
  • 8.2-725 Statute of limitations in contracts for sale
    (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 ...

Last modified: April 3, 2009