reglab/housing_qa huggingface dataset:
AK Stat § 45.02.606 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.606. What constitutes acceptance of goods.

(a) Acceptance of goods occurs when the buyer, (1) after a reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; (2) fails to make an effective rejection (AS 45.02.602), but this acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (3) does an act inconsistent with the seller's ownership; but if this act is wrongful as against the seller it is an acceptance only if ratified by the seller. (b) Acceptance of a part of a commercial unit is acceptance of that entire unit.
AK Stat § 45.02.607 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

(a) The buyer must pay at the contract rate for any goods accepted. (b) Acceptance of goods by the buyer precludes rejection of the goods accepted and, if made with knowledge of a nonconformity, cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured, but acceptance does not of itself impair any other remedy provided by this chapter for nonconformity. (c) If a tender has been accepted, (1) the buyer must, within a reasonable time after the buyer discovers or should have discovered a breach, notify the seller of the breach or be barred from any remedy; and (2) if the claim is one for infringement or the like (AS 45.02.312(c)) and the buyer is sued as a result of such a breach, the buyer must so notify the seller within a reasonable time after the buyer receives notice of the litigation or be barred from any remedy over for liability established by the litigation. (d) The burden is on the buyer to establish a breach with respect to the goods accepted. (e) If the buyer is sued for breach of a warranty or other obligation for which the buyer's seller is answerable over, (1) the buyer may give the seller written notice of the litigation; if the notice states that the seller may come in and defend and that if the seller does not do so the seller will be bound in an action against the seller by the seller's buyer by a determination of fact common to the two litigations, then, unless the seller, after seasonable receipt of the notice, does come in and defend, the seller is so bound; (2) if the claim is one for infringement or the like (AS 45.02.312(c)), the original seller may demand in writing that the seller's buyer turn over to the seller control of the litigation including settlement or else be barred from any remedy over, and if the seller also agrees to bear all expense and to satisfy an adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred. (f) The provisions of (c) - (e) of this section apply to an obligation of a buyer to hold the seller harmless against infringement or the like (AS 45.02.312(c)).
AK Stat § 45.02.608 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.608. Revocation of acceptance in whole or in part.

(a) The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the buyer if the buyer has accepted it (1) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (2) without discovery of the nonconformity if the buyer's acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances. (b) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before a substantial change in condition of the goods that is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (c) A buyer who so revokes has the same rights and duties with regard to the goods involved as if the buyer had rejected them.
AK Stat § 45.02.609 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.609. Right to adequate assurance of performance.

(a) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. If reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and, until the party receives this assurance, may, if commercially reasonable, suspend any performance for which the party has not already received the agreed return. (b) Between merchants the reasonableness of grounds for insecurity and the adequacy of an assurance offered shall be determined according to commercial standards. (c) Acceptance of an improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. (d) After receipt of a justified demand, failure to provide, within a reasonable time not exceeding 30 days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
AK Stat § 45.02.610 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.610. Anticipatory repudiation.

When either party repudiates the contract with respect to a performance not yet due, the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (1) for a commercially reasonable time await performance by the repudiating party; or (2) resort to any remedy for breach (AS 45.02.703 or 45.02.711), even though the aggrieved party has notified the repudiating party that the former would await the latter's performance and has urged retraction; and (3) in either case suspend the aggrieved party's own performance or proceed in accordance with the provisions of this chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (AS 45.02.704).
AK Stat § 45.02.611 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.611. Retraction of anticipatory repudiation.

(a) Until the repudiating party's next performance is due, that party can retract the repudiation unless the aggrieved party has, since the repudiation, cancelled or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final. (b) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of AS 45.02.609. (c) Retraction reinstates the repudiating party's right under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
AK Stat § 45.02.612 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.612. “Installment contract”; breach.

(a) An “installment contract” is one that requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause, “each delivery is a separate contract,” or its equivalent. (b) The buyer may reject an installment that is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within (c) of this section and the seller gives adequate assurance of its cure, the buyer must accept that installment. (c) If nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract, there is a breach of the whole. But the aggrieved party reinstates the contract if the party accepts a nonconforming installment without seasonably notifying of cancellation or if the party brings an action with respect only to past installments or demands performance as to future installments.
AK Stat § 45.02.613 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.613. Casualty to identified goods.

If the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (AS 45.02.324), then (1) if the loss is total, the contract is avoided, and (2) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract, the buyer may nevertheless demand inspection and at the buyer's option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.
AK Stat § 45.02.614 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.614. Substituted performance.

(a) If without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted. (b) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment that is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive, or predatory.
AK Stat § 45.02.615 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.615. Excuse by failure of presupposed conditions.

Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance, (1) delay in delivery or nondelivery in whole or in part by a seller who complies with (2) and (3) of this section is not a breach of the seller's duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency, the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with an applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid; (2) if the causes mentioned in (1) of this section affect only a part of the seller's capacity to perform, the seller must allocate production and deliveries among the seller's customers, but may at the seller's option include regular customers not then under contract as well as the seller's own requirements for further manufacture; the seller may so allocate in a manner that is fair and reasonable; (3) the seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under (2) of this section, of the estimated quota thus made available for the buyer.
AK Stat § 45.02.616 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.616. Procedure on notice claiming excuse.

(a) If the buyer receives notification of a material or indefinite delay or an allocation justified under AS 45.02.615, the buyer may by written notification to the seller as to any delivery concerned and if the prospective deficiency substantially impairs the value of the whole contract under the provisions relating to breach of installment contracts, AS 45.02.612, then also as to the whole, (1) terminate and thereby discharge any unexecuted portion of the contract; or (2) modify the contract by agreeing to take the buyer's available quota in substitution. (b) If, after receipt of the notification from the seller, the buyer fails so to modify the contract within a reasonable time not exceeding 30 days, the contract lapses with respect to deliveries affected. (c) This section may not be negated by agreement except insofar as the seller has assumed a greater obligation under AS 45.02.615.
AK Stat § 45.02.701 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.701. Remedies for breach of collateral contracts not impaired.

Remedies for breach of an obligation or promise collateral or ancillary to a contract for sale are not impaired by this chapter.
AK Stat § 45.02.702 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.702. Seller's remedies on discovery of buyer's insolvency.

(a) If the seller discovers the buyer is insolvent, the seller may refuse delivery except for cash including payment for all goods previously delivered under the contract, and stop delivery under AS 45.02.705. (b) If the seller discovers that the buyer has received goods on credit while insolvent, the seller may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the 10-day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay. (c) The seller's right to reclaim under (b) of this section is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under AS 45.02.403. Successful reclamation of goods excludes all other remedies with respect to them.
AK Stat § 45.02.703 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.703. Seller's remedies in general.

If 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 goods directly affected and, if the breach is of the whole contract (AS 45.02.612), then also with respect to the whole undelivered balance, the aggrieved seller may (1) withhold delivery of the goods; (2) stop delivery by a bailee as provided in AS 45.02.705; (3) proceed under AS 45.02.704 respecting goods still unidentified to the contract; (4) resell and recover damages as provided in AS 45.02.706; (5) recover damages for nonacceptance (AS 45.02.708) or in a proper case the price (AS 45.02.709); (6) cancel.
AK Stat § 45.02.704 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

(a) An aggrieved seller under AS 45.02.703 may (1) identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller's possession or control; (2) treat as the subject of resale goods that have demonstrably been intended for the particular contract even though those goods are unfinished. (b) Where the goods are unfinished, an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
AK Stat § 45.02.705 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.705. Seller's stoppage of delivery in transit or otherwise.

(a) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to be insolvent (AS 45.02.702) and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods. (b) As against the buyer, the seller may stop delivery until (1) receipt of the goods by the buyer; (2) acknowledgment to the buyer by a bailee of the goods, except a carrier, that the bailee holds the goods for the buyer; (3) an acknowledgment to the buyer under (1) or (2) of this subsection by a carrier by reshipment or as a warehouse; or (4) negotiation to the buyer of a negotiable document of title covering the goods. (c) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (d) After that notification the bailee must hold and deliver the goods according to the direction of the seller, but the seller is liable to the bailee for any ensuing charges or damages. (e) If a negotiable document of title has been issued for goods, the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document. (f) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
AK Stat § 45.02.706 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.706. Seller's resale including contract for resale.

(a) Under the conditions stated in AS 45.02.703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance of the goods. If the resale is made in good faith and in a commercially reasonable manner, the seller may recover the difference between the resale price and the contract price together with incidental damages allowed under AS 45.02.710, but less expenses saved in consequence of the buyer's breach. (b) Except as otherwise provided in (c) of this section or unless otherwise agreed, resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms, but every aspect of the sale including the method, manner, time, place, and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach. (c) If the resale is at private sale, the seller must give the buyer reasonable notification of the intention to resell. (d) If the resale is at public sale, (1) only identified goods can be sold unless there is a recognized market for a public sale of futures in goods of the kind; (2) it must be made at a usual place or market for public sale if one is reasonably available, and, except in the case of goods that are perishable or threaten to decline in value speedily, the seller must give the buyer reasonable notice of the time and place of the resale; (3) if the goods are not to be within the view of those attending the sale, the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and (4) the seller may buy. (e) A purchaser who buys in good faith at a resale takes the goods free of rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section. (f) The seller is not accountable to the buyer for a profit made on a resale. A person in the position of a seller (AS 45.02.707), or a buyer who has rightfully rejected or justifiably revoked acceptance must account for an excess over the amount of the person's security interest, as defined in AS 45.02.711(c).
AK Stat § 45.02.707 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.707. Person in the position of a seller.

(a) A person in the position of a seller includes, as against a principal, an agent who has paid or become responsible for the price of goods on behalf of the principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller. (b) A person in the position of a seller may withhold or stop delivery (AS 45.02.705) and resell (AS 45.02.706) and recover incidental damages (AS 45.02.710).
AK Stat § 45.02.708 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.708. Seller's damages for nonacceptance or repudiation.

(a) Subject to (b) of this section and to the provisions with respect to proof of market price (AS 45.02.723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in AS 45.02.710, but less expenses saved in consequence of the buyer's breach. (b) If the measure of damages provided in (a) of this section is inadequate to put the seller in as good a position as performance would have done, then the measure of damages is the profit, including reasonable overhead, that the seller would have made from full performance by the buyer, together with any incidental damages provided in AS 45.02.710, due allowance for costs reasonably incurred, and due credit for payments or proceeds of resale.
AK Stat § 45.02.709 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.709. Action for the price.

(a) If the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages under AS 45.02.710, the price (1) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (2) of goods identified to the contract if the seller is unable, after reasonable effort, to resell them at a reasonable price or the circumstances reasonably indicate that a reasonable effort will be unavailing. (b) If the seller sues for the price, the seller must hold for the buyer goods that have been identified to the contract and are still in the control of the seller, except that if resale becomes possible the seller may resell them at any time before the collection of the judgment. The net proceeds of this resale must be credited to the buyer and payment of the judgment entitles the buyer to goods not resold. (c) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (AS 45.02.610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under AS 45.02.708.
AK Stat § 45.02.710 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.710. Seller's incidental damages.

Incidental damages to an aggrieved seller include commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.