reglab/housing_qa huggingface dataset:
13 PA Cons Stat § 2613 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2613 - Casualty to identified goods

§ 2613. 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 2324) 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 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.  Cross References. Section 2613 is referred to in section 2324 of this title.
13 PA Cons Stat § 2614 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2614 - Substituted performance

§ 2614. Substituted performance.  (a) Manner of delivery.--Where 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, such substitute performance must be tendered and accepted.  (b) Manner of payment.--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 which 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 obligation of the buyer unless the regulation is discriminatory, oppressive or predatory.  Cross References. Section 2614 is referred to in section 2615 of this title.
13 PA Cons Stat § 2615 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2615 - Excuse by failure of presupposed conditions

§ 2615. Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to section 2614 (relating to substituted performance):  (1) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (2) and (3) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.  (2) Where the causes mentioned in paragraph (1) affect only a part of the capacity of the seller to perform, he must allocate production and deliveries among his customers, but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which 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 paragraph (2), of the estimated quota thus made available for the buyer.  Cross References. Section 2615 is referred to in section 2616 of this title.
13 PA Cons Stat § 2616 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2616 - Procedure on notice claiming excuse

§ 2616. Procedure on notice claiming excuse.  (a) Right of buyer to terminate or modify contract.--Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 2615 (relating to excuse by failure of presupposed conditions) 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 division relating to breach of installment contracts (section 2612), 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 his available quota in substitution.  (b) Time limitation on modification.--If after receipt of such 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 any deliveries affected.  (c) Effect of agreement on section.--The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under section 2615.
13 PA Cons Stat § 2701 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2701 - Remedies for breach of collateral contracts not impaired

§ 2701. 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 division.
13 PA Cons Stat § 2702 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2702 - Remedies of seller on discovery of insolvency of buyer

§ 2702. Remedies of seller on discovery of insolvency of buyer.  (a) Right to refuse or stop delivery.--Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract and stop delivery under this division (section 2705).  (b) Reclamation of goods on credit.--Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten-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) Limitations on right of reclamation.--The right of the seller to reclaim under subsection (b) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this division (section 2403). Successful reclamation of goods excludes all other remedies with respect to them. (Nov. 26, 1982, P.L.696, No.201, eff. 180 days)  Cross References. Section 2702 is referred to in section 2705 of this title.
13 PA Cons Stat § 2703 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2703 - Remedies of seller in general

§ 2703. Remedies of seller 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 on the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (section 2612), then also with respect to the whole undelivered balance, the aggrieved seller may:  (1) Withhold delivery of such goods.  (2) Stop delivery by any bailee as provided in section 2705 (relating to stoppage by seller of delivery in transit or otherwise).  (3) Proceed under section 2704 (relating to right of seller to identify goods to contract notwithstanding breach or to salvage unfinished goods).  (4) Resell and recover damages as hereafter provided  (section 2706 (relating to resale by seller including contract for resale)).  (5) Recover damages for nonacceptance (section 2708) or in a proper case the price (section 2709).  (6) Cancel.  Cross References. Section 2703 is referred to in sections 2602, 2610, 2704, 2706 of this title.
13 PA Cons Stat § 2704 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2704 - Right of seller to identify goods to contract notwithstanding breach or to salvage unfinished goods

§ 2704. Right of seller to identify goods to contract  notwithstanding breach or to salvage unfinished  goods.  (a) Identification and resale of goods.--An aggrieved seller under section 2703 (relating to remedies of seller in general) may:  (1) 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.  (2) Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.  (b) Unfinished goods.--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.  Cross References. Section 2704 is referred to in sections 2610, 2703 of this title.
13 PA Cons Stat § 2705 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2705 - Stoppage by seller of delivery in transit or otherwise

§ 2705. Stoppage by seller of delivery in transit or otherwise.  (a) General rule.--The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (section 2702) 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) When seller loses right.--As against such buyer the seller may stop delivery until:  (1) receipt of the goods by the buyer;  (2) acknowledgment to the buyer by any bailee of the goods, except a carrier, that the bailee holds the goods for the buyer;  (3) such acknowledgment to the buyer by a carrier by reshipment or as a warehouse; or  (4) negotiation to the buyer of any negotiable document of title covering the goods.  (c) Notice and compliance.--  (1) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.  (2) After such notification the bailee must hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages.  (3) 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.  (4) 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. (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)  2008 Amendment. Act 13 amended subsecs. (b)(3) and (c)(3).  Cross References. Section 2705 is referred to in sections 2702, 2703, 2707, 7403, 7504 of this title.
13 PA Cons Stat § 2706 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2706 - Resale by seller including contract for resale

§ 2706. Resale by seller including contract for resale.  (a) General rule.--Under the conditions stated in section 2703 (relating to remedies of seller in general), the seller may resell the goods concerned or the undelivered balance thereof. Where 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 any incidental damages allowed under the provisions of this division (section 2710), but less expenses saved in consequence of the breach by the buyer.  (b) Manner of resale.--Except as otherwise provided in subsection (c) 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) Notice of private sale.--Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.  (d) Public sale.--Where the resale is at public sale:  (1) Only identified goods can be sold except where 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 which 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.  (4) The seller may buy.  (e) Rights of good faith purchaser.--A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.  (f) Accountability for profit.--The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (section 2707), or buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as defined in section 2711(c) (relating to remedies of buyer in general; security interest of buyer in rejected goods).  Cross References. Section 2706 is referred to in sections 2703, 2707, 2711, 2718 of this title.
13 PA Cons Stat § 2707 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2707 - "Person in the position of a seller."

§ 2707. "Person in the position of a seller."  (a) Definition.--A "person in the position of a seller" includes:  (1) as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal; or  (2) anyone who otherwise holds a security interest or other right in goods similar to that of a seller.  (b) Rights.--A person in the position of a seller may as provided in this division:  (1) withhold or stop delivery (section 2705);  (2) resell (section 2706); and  (3) recover incidental damages (section 2710).  Cross References. Section 2707 is referred to in sections 2103, 2104, 2706 of this title.
13 PA Cons Stat § 2708 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2708 - Damages of seller for nonacceptance or repudiation

§ 2708. Damages of seller for nonacceptance or repudiation.  (a) General rule.--Subject to subsection (b) and to the provisions of this division with respect to proof of market price (section 2723), 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 this division (section 2710) but less expenses saved in consequence of the breach by the buyer.  (b) Exception.--If the measure of damages provided in subsection (a) 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) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this division (section 2710), due allowance for costs reasonably incurred, and due credit for payments or proceeds of resale.  Cross References. Section 2708 is referred to in sections 2703, 2709, 2723 of this title.
13 PA Cons Stat § 2709 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2709 - Action for the price

§ 2709. Action for the price.  (a) When allowable.--When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under section 2710 (relating to incidental damages of seller), the price of:  (1) goods accepted or conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and  (2) 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 such effort will be unavailing.  (b) Duties of seller.--Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.  (c) Remedy if price not allowable.--After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (section 2610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 2708 (relating to damages of seller for nonacceptance or repudiation).  Cross References. Section 2709 is referred to in section 2703 of this title.
13 PA Cons Stat § 2710 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2710 - Incidental damages of seller

§ 2710. Incidental damages of seller. 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 breach by the buyer, in connection with return or resale of the goods or otherwise resulting from the breach.  Cross References. Section 2710 is referred to in sections 2706, 2707, 2708, 2709 of this title.
13 PA Cons Stat § 2711 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2711 - Remedies of buyer in general; security interest of buyer in rejected goods

§ 2711. Remedies of buyer in general; security interest of  buyer in rejected goods.  (a) Cancellation and additional remedies.--Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 2612 (relating to "installment contract"; breach)), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid:  (1) "cover" and have damages under section 2712  (relating to "cover"; procurement by buyer of substitute goods) 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 this division (section 2713 (relating to damages of buyer for nondelivery or repudiation)).  (b) Additional remedies for nondelivery or repudiation.-- Where the seller fails to deliver or repudiates the buyer may also:  (1) if the goods have been identified recover them as provided in this division (section 2502 (relating to right of buyer to goods upon insolvency of seller)); or  (2) in a proper case obtain specific performance or replevy the goods as provided in this division (section 2716).  (c) Security interest of buyer in rejected goods.--On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 2706).  Cross References. Section 2711 is referred to in sections 2602, 2603, 2610, 2706, 2712, 9102, 9109, 9110, 9309, 9325 of this title.
13 PA Cons Stat § 2712 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2712 - "Cover"; procurement by buyer of substitute goods

§ 2712. "Cover"; procurement by buyer of substitute goods.  (a) Right and manner of cover.--After a breach within section 2711 (relating to remedies of buyer in general; security interest of buyer in rejected goods) the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.  (b) Damages recoverable.--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 section 2715 (relating to incidental and consequential damages of buyer) but less expenses saved in consequence of the breach by the seller.  (c) Other remedies unaffected by failure to cover.--Failure of the buyer to effect cover within this section does not bar him from any other remedy.  Cross References. Section 2712 is referred to in sections 2103, 2711 of this title.
13 PA Cons Stat § 2713 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2713 - Damages of buyer for nondelivery or repudiation

§ 2713. Damages of buyer for nondelivery or repudiation.  (a) Damages recoverable.--Subject to the provisions of this division with respect to proof of market price (section 2723), 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 this division (section 2715), but less expenses saved in consequence of the breach by the seller.  (b) Determination of market price.--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.  Cross References. Section 2713 is referred to in sections 2711, 2723 of this title.
13 PA Cons Stat § 2714 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 27 - Remedies|Section 2714 - Damages of buyer for breach in regard to accepted goods

§ 2714. Damages of buyer for breach in regard to accepted  goods.  (a) Damages for nonconformity of tender.--Where the buyer has accepted goods and given notification (section 2607(c)) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the breach of the seller as determined in any manner which is reasonable.  (b) Measure of damages for breach of warranty.--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) Incidental and consequential damages.--In a proper case any incidental and consequential damages under section 2715 (relating to incidental and consequential damages of buyer) may also be recovered.