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1. How does UCC treat material breach substantial performance? I have the Common law, but I missed the day we did the UCC. (You dont have to type it out if you dont have the time, just give me the UCC #)

2. How does UCC treat limitations on remedies? Common law has the reasonably certain damages, forseeable to defendant at time of making offer, and duty to mitigate damages by P. What is in the UCC thats different?

BarbellDreams wrote:1. How does UCC treat material breach substantial performance? I have the Common law, but I missed the day we did the UCC. (You dont have to type it out if you dont have the time, just give me the UCC #)

2. How does UCC treat limitations on remedies? Common law has the reasonably certain damages, forseeable to defendant at time of making offer, and duty to mitigate damages by P. What is in the UCC thats different?

1. since UCC for goods, guessing you mean substantial performance of delivering goods? perfect tender rule? thats 2-601 (buyer's rights); 2-711 (buyer's remedy); 2-508 (seller's rights); 2-607 (effect of acceptance)

essentially, its the PTR but slightly watered down; buyer can reject goods for any non-conformity, but seller has some time to 'cure' the problem

2. which remedies? all 3? off the top of my head, i can think of 2-712 duty to cover -- does common law have that for non-goods?

I have all the actual remedies under the UCC, I just dont have the limitations on those remedies under the UCC. Basically I have cover, specific performance (if applicable), contract price minus market value, etc. What I dont have are the limitations (like under common law the reasonably certain, forseeable, duty to mitigate stuff).