reglab/housing_qa huggingface dataset:
AK Stat § 45.02.711 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.711. Buyer's remedies in general; buyer's security interest in rejected goods.

(a) If the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then, with respect to goods involved and with respect to the whole if the breach goes to the whole contract (AS 45.02.612), the buyer may cancel and, whether or not the buyer has done so, may, in addition to recovering so much of the price as has been paid, (1) “cover” and have damages under AS 45.02.712 as to all the goods affected, whether or not they have been identified to the contract; or (2) recover damages for nondelivery as provided in AS 45.02.713. (b) If the seller fails to deliver or repudiates, the buyer may also (1) if the goods have been identified, recover them as provided in AS 45.02.502; or (2) in a proper case obtain specific performance or replevy the goods as provided in AS 45.02.716. (c) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in the possession or control of the buyer for payments made on their price and expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold the goods and resell them in like manner as an aggrieved seller (AS 45.02.706).
AK Stat § 45.02.712 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.712. “Cover”; buyer's procurement of substitute goods.

(a) After a breach within AS 45.02.711, the buyer may “cover” by making in good faith and without unreasonable delay a reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (b) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as defined in AS 45.02.715, but less expenses saved in consequence of the seller's breach. (c) Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy.
AK Stat § 45.02.713 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.713. Buyer's damages for nondelivery or repudiation.

(a) Subject to the provisions with respect to proof of market price (AS 45.02.723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in AS 45.02.715, but less expenses saved in consequence of the seller's breach. (b) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
AK Stat § 45.02.714 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.714. Buyer's damages for breach in regard to accepted goods.

(a) If the buyer has accepted goods and given notification (AS 45.02.607(c)), the buyer may recover as damages for a nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in a reasonable manner. (b) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount. (c) In a proper case any incidental and consequential damages under AS 45.02.715 may also be recovered.
AK Stat § 45.02.715 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.715. Buyer's incidental and consequential damages.

(a) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and other reasonable expense incident to the delay or other breach. (b) Consequential damages resulting from the seller's breach include (1) loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; and (2) injury to person or property proximately resulting from a breach of warranty.
AK Stat § 45.02.716 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.716. Buyer's right to specific performance or replevin.

(a) Specific performance may be decreed where the goods are unique or in other proper circumstances. (b) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court considers just. (c) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for the goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property even if the seller had not then repudiated or failed to deliver.
AK Stat § 45.02.717 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.717. Deduction of damages from the price.

The buyer on notifying the seller of the intention to do so may deduct all or any part of the damages resulting from a breach of the contract from any part of the price still due under the same contract.
AK Stat § 45.02.718 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.718. Liquidation or limitation of damages; deposits.

(a) Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty. (b) If the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of an amount by which the sum of the buyer's payments exceeds (1) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with (a) of this section, or (2) in the absence of those terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller. (c) The buyer's right to restitution under (b) of this section is subject to offset to the extent that the seller establishes (1) a right to recover damages under this chapter other than (a) of this section, and (2) the amount or value of benefits received by the buyer directly or indirectly by reason of the contract. (d) If a seller has received payment in goods, their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of (b) of this section; but, if the seller has notice of the buyer's breach before reselling goods received in part performance, the resale is subject to the conditions laid down on resale by an aggrieved seller (AS 45.02.706).
AK Stat § 45.02.719 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.719. Contractual modification or limitation of remedy.

(a) Subject to (b) and (c) of this section and AS 45.02.718 on liquidation and limitation of damages, (1) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (2) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy. (b) If circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in the code. (c) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation of damages where the loss is commercial is not.
AK Stat § 45.02.720 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.720. Effect of cancellation or rescission on claims for antecedent breach.

Unless the contrary intention clearly appears, expressions of cancellation or rescission of the contract or the like shall not be construed as a renunciation or discharge of a claim in damages for an antecedent breach.
AK Stat § 45.02.721 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.721. Remedies for fraud.

Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods bars or is inconsistent with a claim for damages or other remedy.
AK Stat § 45.02.722 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.722. Who can sue third parties for injury to goods.

If a third party so deals with goods that have been identified to a contract for sale as to cause actionable injury to a party to that contract, (1) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and, if the goods have been destroyed or converted, a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (2) if at the time of the injury the party plaintiff did not fear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, the party plaintiff's suit or settlement is, subject to the party's own interest, as a fiduciary for the other party to the contract; (3) either party may with the consent of the other sue for the benefit of whom it may concern.
AK Stat § 45.02.723 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.723. Proof of market price; time and place.

(a) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, damages based on market price (AS 45.02.708 or 45.02.713) shall be determined according to the price of the goods prevailing at the time the aggrieved party learned of the repudiation. (b) If evidence of a price prevailing at the times or places described in this chapter is not readily available, the price prevailing within a reasonable time before or after the time described or at any other place that in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making a proper allowance for the cost of transporting the goods to or from the other place. (c) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible until the party has given the other party notice the court finds sufficient to prevent unfair surprise.
AK Stat § 45.02.724 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.724. Admissibility of market quotations.

When the prevailing price or value of goods regularly bought and sold in an established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of the market are admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
AK Stat § 45.02.725 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 7. Remedies.|Sec. 45.02.725. Statute of limitations in contracts for sale.

(a) An action for breach of a contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (b) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that, if a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of performance, the cause of action accrues when the breach is or should have been discovered. (c) If an action commenced within the time limited by (a) of this section is so terminated as to leave available a remedy by another action for the same breach, the other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (d) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that accrue before midnight, December 31, 1962.
AK Stat § 45.03.101 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.101. Short title.

This chapter may be cited as the Uniform Commercial Code - Negotiable Instruments.
AK Stat § 45.03.102 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.102. Subject matter.

(a) This chapter applies to negotiable instruments. It does not apply to money or to securities governed by AS 45.08. (b) If there is conflict between this chapter and AS 45.04 or AS 45.29, AS 45.04 and AS 45.29 govern. (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.
AK Stat § 45.03.104 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.104. Negotiable instrument.

(a) Except as provided in (c) - (d) of this section, “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if the unconditional promise or order (1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) is payable on demand or at a definite time; and (3) does not state any other undertaking or instruction by the person promising or ordering payment to do an act in addition to the payment of money, but the promise or order may contain an undertaking or power to give, maintain, or protect collateral to secure payment, an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or a waiver of the benefit of a law intended for the advantage or protection of an obligor. (b) “Instrument” means a negotiable instrument. (c) An order that meets all of the requirements of (a)(2) - (3) of this section, and otherwise falls within the definition of “check” in (f) of this section, is a negotiable instrument and a check. (d) A promise or order other than a check is not an instrument if, at the time the promise or order is issued or first comes into possession of a holder, the promise or order contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter. (e) An instrument is a “note” if the instrument is a promise and a “draft” if the instrument is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat the instrument as either. (f) “Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank, or a cashier's check or teller's check. An instrument may be a check even though the instrument is described on its face by another term, such as “money order.” (g) “Cashier's check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. (h) “Teller's check” means a draft drawn by a bank (1) on another bank; or (2) payable at or through a bank. (i) “Traveler's check” means an instrument that (1) is payable on demand; (2) is drawn on or payable at or through a bank; (3) is designated by the term “traveler's check” or by a substantially similar term; and (4) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. (j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
AK Stat § 45.03.105 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.105. Issue of instrument.

(a) “Issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person. (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. (c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.
AK Stat § 45.03.106 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.106. Unconditional promise or order.

(a) Except as provided in this section, for the purposes of AS 45.03.104(a), a promise or order is unconditional unless it states an express condition to payment, that the promise or order is subject to or governed by another writing, or that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make a promise or order conditional. (b) A promise or order is not made conditional (1) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration; or (2) because payment is limited to resort to a particular fund or source. (c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of AS 45.03.104(a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument. (d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of AS 45.03.104(a), but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.
AK Stat § 45.03.107 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.107. Instrument payable in foreign money.

Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
AK Stat § 45.03.108 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.108. Payable on demand or at definite time.

(a) A promise or order is payable on demand if it (1) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder; or (2) does not state a time of payment. (b) A promise or order is payable at a definite time if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (1) prepayment; (2) acceleration; (3) extension at the option of the holder; or (4) extension to a further definite time at the option of the maker or acceptor, or automatically on or after a specified act or event. (c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
AK Stat § 45.03.109 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 1. Short Title, Form, and Interpretation.|Sec. 45.03.109. Payable to bearer or to order.

(a) A promise or order is payable to bearer if it (1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) does not state a payee; or (3) states that it is payable to or to the order of cash, or otherwise indicates that it is not payable to an identified person. (b) A promise or order that is not payable to bearer is payable to order if it is payable to the order of an identified person, or to an identified person or order. A promise or order that is payable to order is payable to the identified person. (c) An instrument payable to bearer may become payable to an identified person if it is specially endorsed under AS 45.03.205(a). An instrument payable to an identified person may become payable to bearer if it is endorsed in blank under AS 45.03.205(b).