Printable Format84-2-721. Remedies for fraud. Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
History: L. 1965, ch. 564, ยง 117; January 1, 1966.
KANSAS COMMENT, 1996
This section makes clear that a party injured by misrepresentation or fraud has at a minimum the same remedies as are available for non-fraudulent breach. This reverses the common law rule that required the injured party to elect between rescission of the contract and an action for damages for deceit. See Pitt v. Keenan, 124 K. 810, 262 P. 567 (1928). In many cases, a misrepresentation as to the quality of the goods may give rise to both a claim for breach of express warranty under 84-2-313 and a claim for misrepresentation or fraud under traditional tort law. See Dold v. Sherow, 220 K. 350, 552 P.2d 945 (1976); Kiser v. Gilmore, 2 K.A.2d 683, 587 P.2d 911, rev. denied, 225 K. 844 (1979).
CASE ANNOTATIONS
1. Directed verdict on breach of warranty claim proper where damages recoverable under K.S.A. 84-2-315 subsumed by fraud claim. K-B Trucking Co. v. Riss Intern. Corp., 763 F.2d 1148 (1985).
2. Cited in holding code's provisions do not affect party's right to pursue common law rescission action. Perry v. Goff Motors, Inc., 12 Kan. App. 2d 139, 143, 736 P.2d 949 (1987).