Printable Format84-2-701. Remedies for breach of collateral contracts not impaired. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this article.
History: L. 1965, ch. 564, ยง 97; January 1, 1966.
KANSAS COMMENT 1983
This section is included merely to make clear that the remedies granted to the seller and buyer as parties to a sales contract by this part do not affect any other remedies which either may have under a negotiable instrument, security agreement, or otherwise.
In part 7 of Article 2, the Code broadens the remedial courses of action open to the buyer and seller by eliminating a number of legalistic restrictions. Remedies exist irrespective of title, and are generally cumulative and not exclusive. Restrictive rules of prior law such as those relating to mitigation of damages have been supplanted by the standard of commercial reasonableness. The Code provides flexibility of action after breach with respect to such matters as completion of manufacture, resale, or effecting cover, without any penalty for reasonable conduct taken at the time. In general, there is no loss of remedy or other waiver to a party who acts reasonably and in good faith after breach.