reglab/housing_qa huggingface dataset:
GA Code § 11-2-604 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods

 Subject to the provisions of Code Section 11-2-603 on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in Code Section 11-2-603. Such action is not acceptance or conversion.   (Code 1933, § 109A-2 - 604, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 659, 660.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:506, 2:528.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-604.   ALR.    - Liability of purchaser under conditional-sale contract, or one claiming under him, as for conversion, 73 A.L.R. 799.
GA Code § 11-2-610 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-610. Anticipatory Repudiation

 When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:    For a commercially reasonable time await performance by the repudiating party; or   Resort to any remedy for breach (Code Section 11-2-703 or Code Section 11-2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and   In either case suspend his own performance or proceed in accordance with the provisions of this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Code Section 11-2-704).    (Code 1933, § 109A-2 - 610, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 861-881.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:588.   C.J.S.   - 77A C.J.S., Sales, §§ 99, 105, 119, 125, 126, 327, 395, 406.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-610.   ALR.    - Anticipatory repudiation of contract for sale of goods by buyer as affecting time as of which damages are to be computed, 34 A.L.R. 114.    Anticipatory breach of executory contract as starting running of statute of limitations, 94 A.L.R. 455.    Doctrine of anticipatory breach as applicable to a contract which the complaining party has fully performed, 105 A.L.R. 460.   Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.   What constitutes anticipatory repudiation of sales contract under UCC § 2-610, 1 A.L.R.4th 527.
GA Code § 11-2-611 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-611. Retraction of Anticipatory Repudiation

  Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation canceled or materially changed his position or otherwise indicated that he considers the repudiation final.   Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this article (Code Section 11-2-609).   Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.    (Code 1933, § 109A-2 - 611, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 415, § 11.)    The 2002 amendment,  effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "canceled" for "cancelled" in subsection (1).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 882-887.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:595.   C.J.S.   - 77A C.J.S., Sales, §§ 99, 105, 119, 141 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-611.   ALR.    - Anticipatory breach of executory contract as starting running of statute of limitations, 94 A.L.R. 455.
GA Code § 11-2-612 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-612. "Installment Contract"; Breach

  An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.   The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) of this Code section and the seller gives adequate assurance of its cure the buyer must accept that installment.   Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.    (Code 1933, § 109A-2 - 612, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979).   JUDICIAL DECISIONS   Breach.    - Reasonable jury could have found that a supplier did not breach an installment contract as a whole under O.C.G.A. § 11-2-612(3) when less than 20 percent of the goods in one order delivered to a purchaser were allegedly defective; the contract covered far more than the sale of the goods at issue. Advanced BodyCare Solutions, LLC v. Thione Int'l, Inc., 615 F.3d 1352 (11th Cir. 2010).   Jury issue.   - Whether plaintiff-buyer has made cover purchases in reasonable manner poses classic jury issue. American Carpet Mills v. Gunny Corp., 649 F.2d 1056 (5th Cir. 1981).    Cited in  Bigelow-Sanford, Inc. v. Gunny Corp., 649 F.2d 1060 (5th Cir. 1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 681-689.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:600.   C.J.S.   - 77 C.J.S., Sales, §§ 102 et seq., 181.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-612.   ALR.    - Contract for sale of goods as entire or divisible, 2 A.L.R. 643.    Divisibility of contract to furnish material for a specific construction, 2 A.L.R. 687.    Right of seller to rescind or refuse further deliveries upon the buyer's failure to pay for instalments, 14 A.L.R. 1209; 75 A.L.R. 609.    Acceptance of instalment of goods as affecting buyer's right to rescind because of defects in that instalment, 29 A.L.R. 1517.    Severability of invalid arbitration provisions of contract, 90 A.L.R. 1305.   Sales: construction and application of UCC § 2-612(2), dealing with rejection of goods under installment contracts, 61 A.L.R.5th 611.
GA Code § 11-2-613 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-613. 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 (Code Section 11-2-324) 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.    (Code 1933, § 109A-2 - 613, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the provisions, decisions under former Code 1933, § 96-108 are included under the annotations for this section.   Stipulation regarding delays or damages beyond vendor's control.    - Contract stipulation that "vendor shall not be held liable for any loss or damage arising from delays or damages caused by fire or strikes, delays in transportation, or other causes beyond vendor's control," is not such an agreement as would come within the proviso "unless it is otherwise agreed in the contract" of former Code 1933, § 96-108. Wood v. Phoenix Ins. Co., 199 Ga. 461, 34 S.E.2d 688 (1945)(decided under former Code 1933, § 96-108).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 585-587.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:612.   C.J.S.   - 77A C.J.S., Sales, §§ 121 et seq., 214.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-613.   ALR.   - Construction and effect of UCC § 2-613 governing casualty to goods identified to a contract, without fault of buyer or seller, 51 A.L.R.4th 537.
GA Code § 11-2-614 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-614. Substituted Performance

  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.   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 buyer's obligation unless the regulation is discriminatory, oppressive, or predatory.    (Code 1933, § 109A-2 - 614, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS   Government regulations rendering performance impossible.   - Contractual duty generally excused when government regulations subsequent to making of contract render performance impossible. R.C. Craig, Ltd. v. Ships of Sea, Inc., 345 F. Supp. 1066 (S.D. Ga. 1972), later proceeding, 401 F. Supp. 1051 (S.D. Ga. 1975).    O.C.G.A. § 11-2-614 deals with instances in international trade where buyer cannot make payment in seller's currency as a result of governmental regulation. R.C. Craig, Ltd. v. Ships of Sea, Inc., 345 F. Supp. 1066 (S.D. Ga. 1972), later proceeding, 401 F. Supp. 1051 (S.D. Ga. 1975).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 588-590.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:623.   C.J.S.   - 77A C.J.S., Sales, §§ 208, 209.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-614.
GA Code § 11-2-616 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-616. Procedure on Notice Claiming Excuse

  Where the buyer receives notification of a material or indefinite delay or an allocation justified under Code Section 11-2-615 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 (Code Section 11-2-612), 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 30 days the contract lapses with respect to any deliveries affected.   The provisions of this Code section may not be negated by agreement except insofar as the seller has assumed a greater obligation under Code Section 11-2-615.   (Code 1933, § 109A-2 - 616, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS    Cited in  Fratelli Gardino v. Caribbean Lumber Co., 587 F.2d 204 (5th Cir. 1979).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67 Am. Jur. 2d, Sales, §§ 607-609.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:640.   C.J.S.   - 77A C.J.S., Sales, §§ 109 et seq., 125 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-616.   ALR.    - Destruction or loss of specific property which is the subject or basis of a contract, after the inception of the contract, as excuse for nonperformance, 74 A.L.R. 1289.
GA Code § 11-2-701 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-701. 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.   (Code 1933, § 109A-2 - 701, enacted by Ga. L. 1962, p. 156, § 1.)   Cross references.   - Damages for breach of contract generally, Ch. 6, T. 13.   Law reviews.   - For article, "Do's and Don'ts When Handling a Product Liability Matter in Georgia,” see 25 Ga. St. B.J. 17 (Aug. 2019).   RESEARCH REFERENCES   5A Am. Jur. Pleading and Practice Forms, Cancellation of Instruments, § 3. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:649.   C.J.S.   - 77A C.J.S., Sales, §§ 278 et seq., 326.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-701.
GA Code § 11-2-704 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

  An aggrieved seller under Code Section 11-2-703 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.   (Code 1933, § 109A-2 - 704, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 1105-1108.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:669.   C.J.S.   - 77A C.J.S., Sales, § 326.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-704.   ALR.   - Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.
GA Code § 11-2-707 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-707. "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 (Code Section 11-2-705) and resell (Code Section 11-2-706) and recover incidental damages (Code Section 11-2-710).    (Code 1933, § 109A-2 - 707, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, § 75 et seq. 68A Am. Jur. 2d, Secured Transactions, § 13.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-707.   ALR.    - Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108 A.L.R. 1482.
GA Code § 11-2-708 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-708. Seller's Damages for Nonacceptance or Repudiation

  Subject to subsection (2) of this Code section and to the provisions of this article with respect to proof of market price (Code Section 11-2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this article (Code Section 11-2-710), but less expenses saved in consequence of the buyer's breach.   If the measure of damages provided in subsection (1) of this Code section is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this article (Code Section 11-2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.    (Code 1933, § 109A-2 - 708, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 22 Am. Jur. 2d, Damages, §§ 509, 642-647. 67A Am. Jur. 2d, Sales, §§ 1109-1134.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:690.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-708.   ALR.    - Time as of which damages are to be determined where broker, before expiration of credit period, repudiates contract to purchase stock for customer on partial payment plan, 31 A.L.R. 1179.    Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.    Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.    Measure of damages for buyer's breach of contract to purchase article of dealer, 44 A.L.R. 349; 24 A.L.R.2d 1008.    Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108 A.L.R. 1482.    Rate of exchange to be taken into account in assessing damages for breach of contract or nonpayment of money obligation payable in foreign currency, 105 A.L.R. 640.   Measure of damages for buyer's breach of contract to purchase article from dealer or manufacturer's agent, 24 A.L.R.2d 1008.   Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.
GA Code § 11-2-710 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-710. 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.   (Code 1933, § 109A-2 - 710, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letter of Credit, and Credit Cards, § 75 et seq. 67A Am. Jur. 2d, Sales, §§ 997-1001.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:721.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-710.   ALR.    - Expense of caring for personal property prior to its resale upon failure of sale contract, 29 A.L.R. 61.    Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.    Rights and remedies upon cancelation of sales agency, 52 A.L.R. 546; 89 A.L.R. 252.    Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 108 A.L.R. 1482.   Interest as element of damages recoverable in action for breach of contract for the sale of a commodity, 4 A.L.R.2d 1388.   Measure of damages for buyer's breach of contract to purchase article from dealer or manufacturer's agent, 24 A.L.R.2d 1008.
GA Code § 11-2-717 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-717. 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.   (Code 1933, § 109A-2 - 717, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article comparing consumer remedies under the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) and the U.C.C., see 27 Mercer L. Rev. 1111 (1976). For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).   JUDICIAL DECISIONS    O.C.G.A. §§ 11-2-607 and11-2-717 apply only to sales of goods. Fruin-Colnon Corp. v. Air Door, Inc., 157 Ga. App. 804, 278 S.E.2d 708 (1981).    Cited in Warren's Kiddie Shoppe, Inc. v. Casual Slacks, Inc., 120 Ga. App. 578, 171 S.E.2d 643 (1969); Beavers v. Mastan Co., 124 Ga. App. 498, 184 S.E.2d 476 (1971); Southern Concrete Prods. Co. v. Martin, 126 Ga. App. 534, 191 S.E.2d 314 (1972); International Computer Group, Inc. v. Data Gen. Corp., 159 Ga. App. 169, 283 S.E.2d 12 (1981); BDI Distribs. v. Beaver Computer Corp., 232 Ga. App. 316, 501 S.E.2d 839 (1998).   RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 1270-1274.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:747.   C.J.S.   - 77A C.J.S., Sales, § 209.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-717.   ALR.    - Rights and remedies upon cancelation of sales agency, 52 A.L.R. 546; 89 A.L.R. 252.    Estoppel of or waiver by buyer, in respect of shortage in commodity delivered and accepted as in full, as affecting his liability to pay for shortage or his right to recover back amount paid therefor, 113 A.L.R. 684.    Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor's duty to satisfy, 173 A.L.R. 1309.   Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 A.L.R.2d 1273.