Actions for Incidental and Consequential Damages Under the Uniform Commercial Code
The Corporate Analyst, Vol. 1, No. 2, 1989
41 Pages Posted: 30 Jan 2016 Last revised: 9 Feb 2016
Date Written: 1989
Each of the Uniform Commercial Code's primary damage remedies for buyers, Sections 2-712, 2-713 and 2-714, allows for the recovery of incidental and consequential damages as provided by Section 2-715. Section 2-715 is passive, defining or describing incidental and consequential damages but making no provision for their recovery. The Code provisions for incidental and consequential damages are necessary to effectuate the mandate of Section 1-106 that the aggrieved party "be put in as good a position as if the other party had fully performed." Section 1-106, however, goes on to provide that "neither consequential or special nor penal damages may be had except as specifically provided in this Act or by other rule of law." This article will examine the various situations in which special damages may be recovered by aggrieved buyers and the problems of proof which must be resolved to achieve their recovery.
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