reglab/housing_qa huggingface dataset:
CO Code § 4-2-613 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 4-2-613. Casualty to Identified Goods

 Where 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 (section 4-2-324 ), then:    If the loss is total, the contract is avoided; and    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 his 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.     History. Source: L. 65: P. 1332, § 1. C.R.S. 1963: § 155-2-613. History. Source: L. 65: P. 1332, § 1. C.R.S. 1963: § 155-2-613.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: Sections 7 and 8, Uniform Sales Act.   Changes: Rewritten, the basic policy being continued but the test of a “divisible” or “indivisible” sale or contract being abandoned in favor of adjustment in business terms.   Purposes of Changes:   1. Where goods whose continued existence is presupposed by the agreement are destroyed without fault of either party, the buyer is relieved from his obligation but may at his option take the surviving goods at a fair adjustment. “Fault” is intended to include negligence and not merely wilful wrong. The buyer is expressly given the right to inspect the goods in order to determine whether he wishes to avoid the contract entirely or to take the goods with a price adjustment.   2. The section applies whether the goods were already destroyed at the time of contracting without the knowledge of either party or whether they are destroyed subsequently but before the risk of loss passes to the buyer. Where under the agreement, including of course usage of trade, the risk has passed to the buyer before the casualty, the section has no application. Beyond this, the essential question in determining whether the rules of this section are to be applied is whether the seller has or has not undertaken the responsibility for the continued existence of the goods in proper condition through the time of agreed or expected delivery.   3. The section on the term “no arrival, no sale” makes clear that delay in arrival, quite as much as physical change in the goods, gives the buyer the options set forth in this section.   Cross Reference:   Point 3: Section 4-2-324 .   Definitional Cross References:   “Buyer”. Section 4-2-103 .   “Conform”. Section 4-2-106 .   “Contract”. Section 4-1-201 .   “Fault”. Section 4-1-201 .   “Goods”. Section 4-2-105 .   “Party”. Section 4-1-201 .   “Rights”. Section 4-1-201 .   “Seller”. Section 4-2-103 .
CO Code § 4-2-616 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 4-2-616. Procedure on Notice Claiming Excuse

  Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 4-2-615, he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this article relating to breach of installment contracts (section 4-2-612), then also as to the whole:   Terminate and thereby discharge any unexecuted portion of the contract; or    Modify the contract by agreeing to take his available quota in substitution.       If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days, the contract lapses with respect to any deliveries affected.    The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under section 4-2-615.     History. Source: L. 65: P. 1334, § 1. C.R.S. 1963: § 155-2-616. History. Source: L. 65: P. 1334, § 1. C.R.S. 1963: § 155-2-616.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purposes:   This section seeks to establish simple and workable machinery for providing certainty as to when a supervening and excusing contingency “excuses” the delay, “discharges” the contract, or may result in a waiver of the delay by the buyer. When the seller notifies, in accordance with the preceding section, claiming excuse, the buyer may acquiesce, in which case the contract is so modified. No consideration is necessary in a case of this kind to support such a modification. If the buyer does not elect so to modify the contract, he may terminate it and under subsection (2) his silence after receiving the seller's claim of excuse operates as such a termination. Subsection (3) denies effect to any contract clause made in advance of trouble which would require the buyer to stand ready to take delivery whenever the seller is excused from delivery by unforeseen circumstances.   Cross References:   Point 1: Sections 4-2-209 and 4-2-615 .   Definitional Cross References:   “Buyer”. Section 4-2-103 .   “Contract”. Section 4-1-201 .   “Installment contract”. Section 4-2-612 .   “Notification”. Section 4-1-201 .   “Reasonable time”. Section 4-1-204 .   “Seller”. Section 4-2-103 .   “Termination”. Section 4-2-106 .   “Written”. Section 4-1-201 .
CO Code § 4-2-701 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-701. 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. Source: L. 65: P. 1334, § 1. C.R.S. 1963: § 155-2-701. History. Source: L. 65: P. 1334, § 1. C.R.S. 1963: § 155-2-701.    Cross references:   For offenses relating to this title, see part 5 of article 5 of title 18.   Official Comments   Copyright by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. Reproduced with the permission of the Permanent Editorial Board for the Uniform Commercial Code. All rights reserved. —   Editor's note:   The Official Comments to the Uniform Commercial Code are available only in the printed book form of Colorado Revised Statutes. As noted above, the Official Comments are subject to copyright by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. At this time, Colorado has a license to reprint the Official Comments in the printed book form.   Editor's note:   The numbering and sequencing of C.R.S. subsections do not necessarily correspond with the numbering and sequencing of subsections in the uniform act.   Law reviews:   For article, “An Introduction to the Economic Analysis of Contract Remedies”, see 57 U. Colo. L. Rev. 683.   OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purposes:   Whether a claim for breach of an obligation collateral to the contract for sale requires separate trial to avoid confusion of issues is beyond the scope of this Article; but contractual arrangements which as a business matter enter vitally into the contract should be considered a part thereof in so far as cross-claims or defenses are concerned.   Definitional Cross References:   “Contract for sale”. Section 4-2-106 .   “Remedy”. Section 4-1-201 .
CO Code § 4-2-704 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

  An aggrieved seller under section 4-2-703 may:   Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;    Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.       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.     History. Source: L. 65: P. 1335, § 1. C.R.S. 1963: § 155-2-704. History. Source: L. 65: P. 1335, § 1. C.R.S. 1963: § 155-2-704.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: Sections 63(3) and 64(4), Uniform Sales Act.   Changes: Rewritten, the seller's rights being broadened.   Purposes of Changes:   1. This section gives an aggrieved seller the right at the time of breach to identify to the contract any conforming finished goods, regardless of their resalability, and to use reasonable judgment as to completing unfinished goods. It thus makes the goods available for resale under the resale section, the seller's primary remedy, and in the special case in which resale is not practicable, allows the action for the price which would then be necessary to give the seller the value of his contract.   2. Under this Article the seller is given express power to complete manufacture or procurement of goods for the contract unless the exercise of reasonable commercial judgment as to the facts as they appear at the time he learns of the breach makes it clear that such action will result in a material increase in damages. The burden is on the buyer to show the commercially unreasonable nature of the seller's action in completing manufacture.   Cross References:   Sections 4-2-703 and 4-2-706 .   Definitional Cross References:   “Aggrieved party”. Section 4-1-201 .   “Conforming”. Section 4-2-106 .   “Contract”. Section 4-1-201 .   “Goods”. Section 4-2-105 .   “Rights”. Section 4-1-201 .   “Seller”. Section 4-2-103 .   ANNOTATION   For giving notice as condition precedent to seller's recovery, see B. J. Shelton Co. v. Muckle Eng'r Co., 121 Colo. 509 , 218 P.2d 1057 (decided under repealed CSA, C. 143A, § 64(3), uniform sales act).
CO Code § 4-2-707 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-707. “Person in the Position of a Seller”

  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 his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.    A person in the position of a seller may as provided in this article withhold or stop delivery (section 4-2-705) and resell (section 4-2-706) and recover incidental damages (section 4-2-710).     History. Source: L. 65: P. 1337, § 1. C.R.S. 1963: § 155-2-707. History. Source: L. 65: P. 1337, § 1. C.R.S. 1963: § 155-2-707.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: Section 52(2), Uniform Sales Act.   Changes: Rewritten.   Purposes of Changes: To make it clear that:   In addition to following in general the prior uniform statutory provision, the case of a financing agency which has acquired documents by honoring a letter of credit for the buyer or by discounting a draft for the seller has been included in the term “a person in the position of a seller.”   Cross Reference:   Article 5, Section 4-2-506 .   Definitional Cross References:   “Consignee”. Section 7-102.   “Consignor”. Section 7-102.   “Goods”. Section 4-2-105 .   “Security interest”. Section 4-1-201 .   “Seller”. Section 4-2-103 .
CO Code § 4-2-710 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-710. Seller's Incidental Damages

 Incidental damages to an aggrieved seller include any 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.   History. Source: L. 65: P. 1339, § 1. C.R.S. 1963: § 155-2-710. History. Source: L. 65: P. 1339, § 1. C.R.S. 1963: § 155-2-710.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: See Sections 64 and 70, Uniform Sales Act.   Purposes: To authorize reimbursement of the seller for expenses reasonably incurred by him as a result of the buyer's breach. The section sets forth the principal normal and necessary additional elements of damage flowing from the breach but intends to allow all commercially reasonable expenditures made by the seller.   Definitional Cross References:   “Aggrieved party”. Section 4-1-201 .   “Buyer”. Section 4-2-103 .   “Goods”. Section 4-2-105 .   “Seller”. Section 4-2-103 .   ANNOTATION   Cancellation and carrying costs commercially reasonable. Trial court erred in upholding jury award to seller because the jury could have concluded that the seller's charge to the buyer for carrying and cancellation was a reasonable one arising under the express terms of the contract as an expense incurred as a result of the buyer's request to delay shipment. Murray Equipment Co. v. Curtis, Inc., 725 P.2d 35 (Colo. App. 1986).   Absent other statutory or contractual provisions to the contrary, attorney fees are not incidental damages under this section. Jelen and Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990).   Seller's damages were not incidental to buyer's refusal to accept delivery of chemicals, but instead were incurred as a result of improper storage, handling, and transportation of hazardous materials and subsequent dealings with a third party. Jelen and Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990).   The focus of this section is upon damages arising within the scope of the immediate contract. Damages must arise as a result of the breach to be characterized as incidental under this section. Jelen and Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990).
CO Code § 4-2-717 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-717. Deduction of Damages From the Price

 The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.   History. Source: L. 65: P. 1341, § 1. C.R.S. 1963: § 155-2-717. History. Source: L. 65: P. 1341, § 1. C.R.S. 1963: § 155-2-717.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: See Section 69(1)(a), Uniform Sales Act.   Purposes:   1. This section permits the buyer to deduct from the price damages resulting from any breach by the seller and does not limit the relief to cases of breach of warranty as did the prior uniform statutory provision. To bring this provision into application the breach involved must be of the same contract under which the price in question is claimed to have been earned.   2. The buyer, however, must give notice of his intention to withhold all or part of the price if he wishes to avoid a default within the meaning of the section on insecurity and right to assurances. In conformity with the general policies of this Article, no formality of notice is required and any language which reasonably indicates the buyer's reason for holding up his payment is sufficient.   Cross Reference:   Point 2: Section 4-2-609 .   Definitional Cross References:   “Buyer”. Section 4-2-103 .   “Notifies”. Section 4-1-201 .   ANNOTATION   This section allows the buyer to accept the goods and to assert a breach of warranty by way of recoupment in diminution or extinction of the price. Comet Indus., Inc. v. Best Plastic Container Corp., 222 F. Supp. 723 (D. Colo. 1963 ) (decided under repealed § 121-1-69(1)(a) , CRS 53, uniform sales act).
CO Code § 4-2-720 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-720. 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 any claim in damages for an antecedent breach.   History. Source: L. 65: P. 1342, § 1. C.R.S. 1963: § 155-2-720. History. Source: L. 65: P. 1342, § 1. C.R.S. 1963: § 155-2-720.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purpose:   This section is designed to safeguard a person holding a right of action from any unintentional loss of rights by the ill-advised use of such terms as “cancellation”, “rescission”, or the like. Once a party's rights have accrued they are not to be lightly impaired by concessions made in business decency and without intention to forego them. Therefore, unless the cancellation of a contract expressly declares that it is “without reservation of rights”, or the like, it cannot be considered to be a renunciation under this section.   Cross Reference:   Section 4-1-107 .   Definitional Cross References:   “Cancellation”. Section 4-2-106 .   “Contract”. Section 4-1-201 .
CO Code § 4-2-721 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-721. 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. Source: L. 65: P. 1342, § 1. C.R.S. 1963: § 155-2-721. History. Source: L. 65: P. 1342, § 1. C.R.S. 1963: § 155-2-721.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purposes: To correct the situation by which remedies for fraud have been more circumscribed than the more modern and mercantile remedies for breach of warranty. Thus the remedies for fraud are extended by this section to coincide in scope with those for non-fraudulent breach. This section thus makes it clear that neither rescission of the contract for fraud nor rejection of the goods bars other remedies unless the circumstances of the case make the remedies incompatible.   Definitional Cross References:   “Contract for sale”. Section 4-2-106 .   “Goods”. Section 4-1-201 .   “Remedy”. Section 4-1-201 .   ANNOTATION   “Reason to know” formulation not exclusive remedy in fraud suits. The code does not require that the “reason to know” formulation be applied in fraud suits to the exclusion of other remedies; it only provides that the remedies available under the “reason to know” formulation are included among the remedies available to a defrauded purchaser. Wagner v. Dan Unfug Motors, Inc., 35 Colo. App. 102, 529 P.2d 656 .   False representation of a material fact, even though innocently made, may merit rescission of a contract or revocation of acceptance. Keen v. Modern Trailer Sales, Inc., 40 Colo. App. 527, 578 P.2d 668 (1978).   Right to consequential damages. Since a party's right to consequential damages is presumably a “remedy” within the meaning of this section, application of the code to the question of the availability of damages for loss of use of a personal vehicle is warranted. Wagner v. Dan Unfug Motors, Inc., 35 Colo. App. 102, 529 P.2d 656 (1974).   Burden of proof. When fraud is pleaded, it is incumbent upon plaintiff to prove that defendant made the false representation with knowledge of its falsity or with utter disregard for its truth and falsity. Caldwell v. Kats, 38 Colo. App. 156, 555 P.2d 190 (1976), rev'd, 193 Colo. 384 , 567 P.2d 371 (1977).
CO Code § 4-2-722 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-722. Who Can Sue Third Parties for Injury to Goods

 Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:    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;    If at the time of the injury the party plaintiff did not bear 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, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;    Either party may with the consent of the other sue for the benefit of whom it may concern.     History. Source: L. 65: P. 1343, § 1. C.R.S. 1963: § 155-2-722. History. Source: L. 65: P. 1343, § 1. C.R.S. 1963: § 155-2-722.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purposes: To adopt and extend somewhat the principle of the statutes which provide for suit by the real party in interest. The provisions of this section apply only after identification of the goods. Prior to that time only the seller has a right of action. During the period between identification and final acceptance (except in the case of revocation of acceptance) it is possible for both parties to have the right of action. Even after final acceptance both parties may have the right of action if the seller retains possession or otherwise retains an interest.   Definitional Cross References:   “Action”. Section 4-1-201 .   “Buyer”. Section 4-2-103 .   “Contract for sale”. Section 4-2-106 .   “Goods”. Section 4-2-105 .   “Party”. Section 4-1-201 .   “Rights”. Section 4-1-201 .   “Security interest”. Section 4-1-201 .
CO Code § 4-2-723 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 4-2-723. Proof of Market Price - Time and Place

  If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (section 4-2-708 or section 4-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.    If evidence of a price prevailing at the times or places described in this article is not readily available, the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.    Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.     History. Source: L. 65: P. 1343, § 1. C.R.S. 1963: § 155-2-723. History. Source: L. 65: P. 1343, § 1. C.R.S. 1963: § 155-2-723.    OFFICIAL COMMENT   Prior Uniform Statutory Provision: None.   Purposes: To eliminate the most obvious difficulties arising in connection with the determination of market price, when that is stipulated as a measure of damages by some provision of this Article. Where the appropriate market price is not readily available the court is here granted reasonable leeway in receiving evidence of prices current in other comparable markets or at other times comparable to the one in question. In accordance with the general principle of this Article against surprise, however, a party intending to offer evidence of such a substitute price must give suitable notice to the other party.   This section is not intended to exclude the use of any other reasonable method of determining market price or of measuring damages if the circumstances of the case make this necessary.   Definitional Cross References:   “Action”. Section 4-1-201 .   “Aggrieved party”. Section 4-1-201 .   “Goods”. Section 4-2-105 .   “Notifies”. Section 4-1-201 .   “Party”. Section 4-1-201 .   “Reasonable time”. Section 4-1-204 .   “Usage of trade”. Section 4-1-205 .