reglab/housing_qa huggingface dataset:
CA Com Code § 2718 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2718.

2718.  (1) Damages for breach by either party may be liquidated in the agreement subject to and in compliance with Section 1671 of the Civil Code. If the agreement provides for liquidation of damages, and such provision does not comply with Section 1671 of the Civil Code, remedy may be had as provided in this division.(2) Where the seller justifiably withholds delivery of goods because of the buyer’s breach, the buyer is entitled to restitution of any amount by which the sum of his or her payments exceeds:(a) The amount to which the seller is entitled by virtue of terms liquidating the seller’s damages in accordance with subdivision (1), or(b) In the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars ($500), whichever is smaller.(3) The buyer’s right to restitution under subdivision (2) is subject to offset to the extent that the seller establishes:(a) A right to recover damages under the provisions of this chapter other than subdivision (1), and(b) The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.(4) Where 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 subdivision (2); but if the seller has notice of the buyer’s breach before reselling goods received in part performance, his or her resale is subject to the conditions laid down in this division on resale by an aggrieved seller (Section 2706).(Amended by Stats. 1988, Ch. 1368, Sec. 10. Operative January 1, 1990, by Sec. 18 of Ch. 1368.)
CA Com Code § 2719 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2719.

2719.  (1) Subject to the provisions of subdivisions (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,(a) The agreement may provide for remedies in addition to or in substitution for those provided in this division and may limit or alter the measure of damages recoverable under this division, 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(b) 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.(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code.(3) 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 invalid unless it is proved that the limitation is not unconscionable. Limitation of consequential damages where the loss is commercial is valid unless it is proved that the limitation is unconscionable.(Amended by Stats. 1967, Ch. 703.)
CA Com Code § 2720 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2720.

2720.  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.(Enacted by Stats. 1963, Ch. 819.)
CA Com Code § 2721 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2721.

2721.  Remedies for material misrepresentation or fraud include all remedies available under this division 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.(Enacted by Stats. 1963, Ch. 819.)
CA Com Code § 2722 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2722.

2722.  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) 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 o ther;(b) 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; (c) Either party may with the consent of the other sue for the benefit of whom it may concern.(Enacted by Stats. 1963, Ch. 819.)
CA Com Code § 2723 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2723.

2723.  (1) 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 2708 or Section 2713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.(2) If evidence of a price prevailing at the times or places described in this division 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.(3) Evidence of a relevant price prevailing at a time or place other than the one described in this division 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.(Enacted by Stats. 1963, Ch. 819.)
CA Com Code § 2724 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2724.

2724.  Whenever the prevailing price or value of any goods regularly bought and sold in any 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 such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.(Enacted by Stats. 1963, Ch. 819.)
CA Com Code § 2725 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 7 - Remedies|Section 2725.

2725.  (1) An action for breach of any 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.(2) 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 where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.(3) Where an action commenced within the time limited by subdivision (1) is so terminated as to leave available a remedy by another action for the same breach such 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.(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this code becomes effective.(Added by Stats. 1967, Ch. 799.)
CA Com Code § 2800 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 8 - Retail Sales|Section 2800.

2800.  As used in this chapter “goods” means goods used or bought for use primarily for personal, family or household purposes.(Added by Stats. 1970, Ch. 972.)
CA Com Code § 2801 (2021)
2021 California Code|Commercial Code - COM|DIVISION 2 - SALES|CHAPTER 8 - Retail Sales|Section 2801.

2801.  In any retail sale of goods, if the manufacturer or seller of the goods issues a written warranty or guarantee as to the condition or quality of all or part of the goods which requires the buyer to complete and return any form to the manufacturer or seller as proof of the purchase of the goods, such warranty or guarantee shall not be unenforceable solely because the buyer fails to complete or return the form. This section does not relieve the buyer from proving the fact of purchase and the date thereof in any case in which such a fact is in issue.The buyer must agree in writing to any waiver of this section for the waiver to be valid. Any waiver by the buyer of the provisions of this section which is not in writing is contrary to public policy and shall be unenforceable and void. (Added by Stats. 1970, Ch. 972.)
CA Com Code § 3101 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3101.

3101.  This division may be cited as Uniform Commercial Code—Negotiable Instruments.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3102 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3102.

3102.  (a) This division applies to negotiable instruments. It does not apply to money, to payment orders governed by Division 11 (commencing with Section 11101), or to securities governed by Division 8 (commencing with Section 8101).(b) If there is conflict between this division and Division 4 (commencing with Section 4101) or Division 9 (commencing with Section 9101), Divisions 4 and 9 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 division to the extent of the inconsistency.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3105 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3105.

3105.  (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.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3106 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3106.

3106.  (a) Except as provided in this section, for the purposes of subdivision (a) of Section 3104, a promise or order is unconditional unless it states (1) an express condition to payment, (2) that the promise or order is subject to or governed by another writing, or (3) 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 the 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 subdivision (a) of Section 3104. 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 subdivision (a) of Section 3104; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3107 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3107.

3107.  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.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3108 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3108.

3108.  (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 any 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 upon 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.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3109 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3109.

3109.  (a) A promise or order is payable to bearer if it is any of the following:(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.(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 (1) to the order of an identified person or (2) 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 indorsed pursuant to subdivision (a) of Section 3205. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subdivision (b) of Section 3205.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3110 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3110.

3110.  (a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.(b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.(c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:(1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.(2) If an instrument is payable to:(A) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named.(B) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative.(C) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization.(D) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.(d) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3111 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3111.

3111.  Except as otherwise provided for items in Division 4 (commencing with Section 4101), an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3112 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3112.

3112.  (a) Unless otherwise provided in the instrument, (1) an instrument is not payable with interest, and (2) interest on an interest-bearing instrument is payable from the date of the instrument.(b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3113 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3113.

3113.  (a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in subdivision (c) of Section 4401, an instrument payable on demand is not payable before the date of the instrument.(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3114 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3114.

3114.  If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)
CA Com Code § 3115 (2021)
2021 California Code|Commercial Code - COM|DIVISION 3 - NEGOTIABLE INSTRUMENTS|CHAPTER 1 - General Provisions and Definitions|Section 3115.

3115.  (a) ‛Incomplete instrument‛ means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.(b) Subject to subdivision (c), if an incomplete instrument is an instrument under Section 3104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Section 3104, but, after completion, the requirements of Section 3104 are met, the instrument may be enforced according to its terms as augmented by completion.(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Section 3407.(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)