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When a buyer accepts goods but discovers they do not meet the terms of the contract, they must notify the seller promptly. This notification allows the seller to invoke the North Dakota Notice by Seller Regarding Request for Extension of Time to Effect Cure of Improper Tender of Goods. The seller then has an opportunity to correct the issue, ensuring a smoother resolution.
The buyer may, (a) set up the breach of warranty in extinction or diminution of the price payable by him, or (b) sue the seller for damages for breach of warranty. He may treat the contract as rescinded and sue the seller for damages. This is also known as 'damages for anticipatory breach'.
(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less
"Curing" Defective Goods A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
(2)fffdfffdfffdfffd if the buyer has breached the contract but is not insolvent, the seller may stop the carrier or bailee from delivering the goods only if the quantity shipped is at least a carload, truckload, planeload, or a larger shipment.
If the seller wrongfully or neglectfully refuses to deliver the goods to the buyer, then the buyer can sue for non-delivery of the goods. According to Section 57 of the Sale of Goods Act, if the buyer faces losses due to the wrongful actions of the seller (non-delivery) he can sue for damages caused due to this.
The following main remedies are available for breach of a sale of goods contract:Action for the price.Damages/adequate compensation for actual losses.Rescission.Specific performance.Price reduction.01-Aug-2021
Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
What is the time limit allowed for a buyer to bring a lawsuit for the seller's breach of contract? There is no statute of limitations for a buyer to bring such a lawsuit, since the Uniform Commercial Code seeks to preserve and advance the buyer's interests if the seller breaches the contract.
Fffdfffdfffdfffdfffdfffdfffdfffd Statute of Limitations: An action for breach of contract under the U.C.C. must be commenced within four years after the cause of action accrues.