Printable Format84-2-703. Seller's remedies in general. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (section 84-2-612), then also with respect to the whole undelivered balance, the aggrieved seller may
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (section 84-2-705);
(c) proceed under the next section respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (section 84-2-706);
(e) recover damages for nonacceptance (section 84-2-708) or in a proper case the price (section 84-2-709);
(f) cancel.
History: L. 1965, ch. 564, ยง 99; January 1, 1966.
KANSAS COMMENT, 1996
This section indexes all of the various remedies open to a seller for any breach by the buyer. The Code rejects any doctrine of election of remedies as a fundamental policy; the remedies listed are essentially cumulative in nature. Thus, the seller may withhold delivery of the goods, cancel the contract (see 84-2-106(4)), and pursue other appropriate remedies for breach. See also 1996 Kansas Comment 4 to 84-2-706. Under 84-1-106, the Code requires that the remedies be "liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed."
Law Review and Bar Journal References:
"Executory Contracts and Bankruptcy: The Case for a Federal Common Law," Richard F. Broude, 17 K.L.R. 1, 13, 14 (1968).
"Remedies for Breach of Sales Contract Under the Code," Keith Hey, 7 W.L.J. 35, 43, 44 (1967).
CASE ANNOTATIONS
1. Measure of damages based on conversion in breach of contract action erroneous. Desbien v. Penokee Farmers Union Cooperative Association, 220 Kan. 358, 369, 552 P.2d 917.
2. Section cited in remanding case arising out of aborted sale of motor vehicle to trial court to determine damages. Stanturf v. Quality Dodge, Inc., 3 Kan. App. 2d 485, 488, 596 P.2d 1247.
3. Contract enforceable where parties have admitted existence of contract and essential terms thereof. Wendling v. Puls, 227 Kan. 780, 784, 610 P.2d 580.
4. Where the buyer fails to make payment due on or before delivery, the seller may cancel and resell the goods. Spikes v. Bauer, 6 Kan. App. 2d 45, 46, 626 P.2d 816.
5. Repurchase statute preempted field; franchisee not obligated to UCC damage mitigation of reselling goods. Town and Country Equipment v. Massey-Ferguson, 808 F. Supp. 779, 781 (1992).
6. Whether measure of damages where buyer failed to make payment is contract price less market value of goods examined. Smyers v. Quartz Works Corp., 880 F. Supp. 1425, 1434 (1995).
7. Breach of distribution agreement for failure to pay justified defendant's cancellation of contract. L & M Enterprises, Inc. v. BEI Sensors & Systems, 230 F.3d 1284, 1287 (2000).