Damages for the lost volume seller: recent attempts to fix a broken interpretation of UCC Section 2-708(2)
Article Abstract:
Problems in applying Uniform Commercial Code (UCC) 2-708(2) to the calculation of damages for lost volume sellers stem from a faulty interpretation of the Code section rather than problems in the law itself. This interpretation disregards the profit part of the damages formula, whereas a more literal interpretation would factor in resale proceeds and what the seller's profit might have been on the sale of added good to third parties. This interpretation would be the most foolproof way of getting accurate results.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1993
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The Article 9 revision process and interpretation of original Article 9
Article Abstract:
Revised UCC Article 9, pertaining to secured transactions, though not yet enacted by any state nevertheless can aid in clarifying application of existing Article 9. Attorneys practicing in this area should be aware of the revised article's potential for clarification. Specifically, the revised article can shed light on the scope of application of Article 9, collateral classifications, attachment and perfection, priority rules, the effect of errors or changed circumstances, and default and enforcement.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1999
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Sections 2-102, 2-105, 2-106 - utility providing electricity not a seller of "goods" - Article 2 warranties accordingly inapplicable
Article Abstract:
A Massachusetts court's 1996 ruling held that an electric utility was not a seller of goods and therefore was not liable for breach of warranty under the UCC. A shoe company had brought a breach action for a fire caused by a power surge. The court said UCC Article 2 was inapplicable because a goods transaction had not taken place.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1997
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