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Sections 2-102, 2-202 - mixed sale - service transaction; sales parol evidence rule not applicable to service part of the transaction

Article Abstract:

A decision regarding a contractor-subcontractor dispute over a public housing project held that the UCC Article 2 parol evidence rule was inapplicable. The responsibility of removing cabinets from the site was the original focus of the suit. The applicability of the UCC to contracts which mix sales and service components has been problematic for some courts.

Author: Del Duca, Louis F., Del Duca, Frances H.
Publisher: Warren, Gorham & Lamont, Inc.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1998
Construction, Contracts, Mississippi, Evidence (Law), Building, states

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Section 2-719 - limitation of damages - exclusivity of remedy inferred

Article Abstract:

A 1997 7th Circuit decision held that a marketing contract between a publisher and a software company inferred an exclusive remedy for a pre-publication breach. In ruling against the software company's claims on the remedy issue, the court also rejected the company's argument that a provision limiting damages was unconscionable and invalid.

Author: Del Duca, Louis F., Del Duca, Frances H.
Publisher: Warren, Gorham & Lamont, Inc.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1998
United States, Damages, Damages (Law)

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Subjects list: Interpretation and construction, Laws, regulations and rules, Commercial law
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  • Abstracts: S. 2-708(1), 2-723(2) - seller's measure of damages for breach by buyer - reasonable substitute provided by the court
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