BALW20150 Lecture 23: Lecture 23 Notes Part 2
Document Summary
Defect: eyeball the car and do a short test drive , reasonable inspection of the car if i did not do a test drive and then the engine falls out, then. No latent defect so i could not reject the good: cannot return the car, but i can still get damages, i buy the new car and drive it around and then decide to drive to florida. Bargain: election of remedies doctrine does not apply under the code, courts can craft a combination of remedies, address, 1. What should happen with the goods: 3. How much money needs to change hands: sellers remedies when buyer breaches, how can buyer breach sales contract, type of remedies depends primarily on who has goods when breach occurs. If seller finds that buyer is insolvent, then seller reclaims the goods, sells them to someone else that is all the seller can recover: seller cannot sue the buyer on the shortfall, no consequential.