Damage Remedies Under the Emerging Article 2 - An Essay Against Freedom

60 Pages Posted: 27 Jan 2016 Last revised: 9 Feb 2016

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Roy Anderson

Southern Methodist University - Dedman School of Law

Date Written: 1997

Abstract

Unquestionably, the most important remedy innovation of the Uniform Commercial Code has been to give primacy to damage remedies based on actual substitutions rather than to those based on hypothetical ones. The laudable effect is that damages based on market price have been reduced to a secondary status, to be used only when the facts of the case do not allow for a remedy based on an actual substitution.The net result has been that Code damages more closely approximate the injured party's lost expectation and that windfall recoveries are avoided. This Essay seeks to demonstrate that Revised Article 2-803(c) threatens to undo this progress and once again to give ascendancy to damage remedies based on hypothesis rather than actual fact.

Suggested Citation

Anderson, Roy, Damage Remedies Under the Emerging Article 2 - An Essay Against Freedom (1997). Houston Law Review, Vol. 34, No. 4, 1997, Available at SSRN: https://ssrn.com/abstract=2722812

Roy Anderson (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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