Corpus browser
179663 records-
Open
Commercial Code - COM - COM § 2714
Commercial Code - COM - COM § 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 tender, the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner that is reas
-
Open
Commercial Code - COM - COM § 2715
Commercial Code - COM - COM § 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 reasonable charges, expenses or commissions in connection with effecting cover
-
Open
Commercial Code - COM - COM § 2716
Commercial Code - COM - COM § 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 as to payment of the price, damages, or other relief as the court may deem just. (3) The buyer has a
-
Open
Commercial Code - COM - COM § 2717
Commercial Code - COM - COM § 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 of the contract from any part of the price still due under the same contract.
-
Open
Commercial Code - COM - COM § 2718
Commercial Code - COM - COM § 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 the agreement provides for liquidation of damages, and such provision does not comply with Section 1671 of the Civil Code, remedy may be
-
Open
Commercial Code - COM - COM § 2719
Commercial Code - COM - COM § 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 provide for remedies in addition to or in substitution for those provided in this division and may limit or alter
-
Open
Commercial Code - COM - COM § 2720
Commercial Code - COM - COM § 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 discharge of any claim in damages for an antecedent breach.
-
Open
Commercial Code - COM - COM § 2721
Commercial Code - COM - COM § 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 contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a clai
-
Open
Commercial Code - COM - COM § 2722
Commercial Code - COM - COM § 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 to that contract (a) A right of action against the third party is in either party to the contract for sale who has title to or a security interest or
-
Open
Commercial Code - COM - COM § 2723
Commercial Code - COM - COM § 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 damages based on market price (Section 2708 or Section 2713) shall be determined according to the price of such goods prevailing at the
-
Open
Commercial Code - COM - COM § 2724
Commercial Code - COM - COM § 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 or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall b
-
Open
Commercial Code - COM - COM § 2725
Commercial Code - COM - COM § 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 agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues wh
-
Open
Commercial Code - COM - COM § 2800
Commercial Code - COM - COM § 2800
As used in this chapter “goods” means goods used or bought for use primarily for personal, family or household purposes.
-
Open
Commercial Code - COM - COM § 2801
Commercial Code - COM - COM § 2801
In any retail sale of goods, if the manufacturer or seller of the goods issues a written warranty or guarantee as to the condition or quality of all or part of the goods which requires the buyer to complete and return any form to the manufacturer or seller as proof of the purchas
-
Open
Commercial Code - COM - COM § 3101
Commercial Code - COM - COM § 3101
This division may be cited as Uniform Commercial Code—Negotiable Instruments.
-
Open
Commercial Code - COM - COM § 3102
Commercial Code - COM - COM § 3102
(a) This division applies to negotiable instruments. It does not apply to money, to payment orders governed by Division 11 (commencing with Section 11101), or to securities governed by Division 8 (commencing with Section 8101). (b) If there is conflict between this division and D
-
Open
Commercial Code - COM - COM § 3103
Commercial Code - COM - COM § 3103
(a) In this division: (1) “Acceptor” means a drawee who has accepted a draft. (2) “Drawee” means a person ordered in a draft to make payment. (3) “Drawer” means a person who signs or is identified in a draft as a person ordering payment. (4) [Reserved] (5) “Maker” means a person
-
Open
Commercial Code - COM - COM § 3104
Commercial Code - COM - COM § 3104
(a) Except as provided in subdivisions (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it is all of the following: (1) Is payable to bearer
-
Open
Commercial Code - COM - COM § 3105
Commercial Code - COM - COM § 3105
(a) “Issue” means: (1) the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or (2) if agreed by the payee, the first transmission by the drawer to the payee of an image of a
-
Open
Commercial Code - COM - COM § 3106
Commercial Code - COM - COM § 3106
(a) Except as provided in this section, for the purposes of subdivision (a) of Section 3104, a promise or order is unconditional unless it states (1) an express condition to payment, (2) that the promise or order is subject to or governed by another writing, or (3) that rights or
-
Open
Commercial Code - COM - COM § 3107
Commercial Code - COM - COM § 3107
Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollar
-
Open
Commercial Code - COM - COM § 3108
Commercial Code - COM - COM § 3108
(a) A promise or order is “payable on demand” if it (1) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (2) does not state any time of payment. (b) A promise or order is “payable at a definite time” if it is
-
Open
Commercial Code - COM - COM § 3109
Commercial Code - COM - COM § 3109
(a) A promise or order is payable to bearer if it is any of the following: (1) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment. (2) Does not state a payee. (3) States
-
Open
Commercial Code - COM - COM § 3110
Commercial Code - COM - COM § 3110
(a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that perso
-
Open
Commercial Code - COM - COM § 3111
Commercial Code - COM - COM § 3111
Except as otherwise provided for items in Division 4 (commencing with Section 4101), an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrumen