reglab/housing_qa huggingface dataset:
MS Code § 75-2-609 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-609. Right to adequate assurance of performance

  A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.   Between merchants the reasonableness of ground for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.   Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.   After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty (30) days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
MS Code § 75-2-610 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-610. 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 (Section 2-703 or Section 2-711) [Sections 75-2-703 or 75-2-711], 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 chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704) [Section 75-2-704].
MS Code § 75-2-611 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-611. 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 cancelled 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 chapter (Section 2-609) [Section 75-2-609].   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.
MS Code § 75-2-612 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-612. "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) and the seller gives adequate assurance of its cure the buyer must accept that installment.   Whenever nonconformity or default with respect to one (1) 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.
MS Code § 75-2-613 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-613. 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 2-324) [Section 75-2-324] 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.
MS Code § 75-2-614 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-614. 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.
MS Code § 75-2-615 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-615. Excuse by failure of presupposed conditions

 Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:   Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c), or failure to take delivery as provided for under the contract on the part of a buyer who complies with paragraph (d), 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 nonoccurrence 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.   Where the causes mentioned in paragraph (a) affect only a part of the seller's capacity 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.   The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.   The buyer must notify the seller seasonably that there will be a delay or total inability to take delivery, and where practicable, state the contingency which has occurred causing such delay or inability.
MS Code § 75-2-616 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-616. Procedure on notice claiming excuse

  Where the buyer received notification of a material or indefinite delay or an allocation justified under section 75-2-615 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 chapter relating to breach of installment contracts (Section 2-612) [Section 75-2-612], 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 (30) 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 75-2-615.
MS Code § 75-2-617 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 6 - . Breach, Repudiation and Excuse|§ 75-2-617. Force majeure

 Deliveries may be suspended by either party in case of Act of God, war, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers, or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any cause beyond the control of such party, preventing the manufacture, shipment, acceptance, or consumption of a shipment of the goods or of a material upon which the manufacture of the goods is dependent. If, because of any such circumstance, seller is unable to supply the total demand for the goods, seller may allocate its available supply among itself and all of its customers, including those not under contract, in an equitable manner. Such deliveries so suspended shall be cancelled without liability, but the contract shall otherwise remain unaffected.
MS Code § 75-2-701 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-701. 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 chapter.
MS Code § 75-2-702 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-702. Seller's remedies on discovery of buyer's insolvency

  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 chapter (Section 2-705) [Section 75-2-705].   Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten (10) days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three (3) 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.   The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this chapter (Section 2-403) [Section 75-2-403]. Successful reclamation of goods excludes all other remedies with respect to them.
MS Code § 75-2-703 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-703. Seller's remedies 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 the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 2-612) [Section 75-2-612], then also with respect to the whole undelivered balance, the aggrieved seller may   withhold delivery of such goods;   stop delivery by any bailee as hereafter provided (Section 2-705) [Section 75-2-705];   proceed under section 75-2-704 respecting goods still unidentified to the contract;   resell and recover damages as hereafter provided (Section 2-706) [Section 75-2-706];   recover damages for nonacceptance (Section 2-708) [Section 75-2-708] or in a proper case the price (Section 2-709) [Section 75-2-709];   cancel.
MS Code § 75-2-704 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

  An aggrieved seller under the preceding section 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.
MS Code § 75-2-705 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-705. Seller's stoppage of delivery in transit or otherwise

  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 75-2-702) 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.   As against such buyer the seller may stop delivery until:   Receipt of the goods by the buyer; or   Acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or   Such acknowledgment to the buyer by a carrier by reshipment or as a warehouse; or   Negotiation to the buyer of any negotiable document of title covering the goods.       To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.   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.   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 the possession or control of the document.   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.
MS Code § 75-2-706 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-706. Seller's resale including contract for resale

  Under the conditions stated in Section 2-703 [Section 75-2-703] on seller's remedies, 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 chapter (Section 2-710) [Section 75-2-710], but less expenses saved in consequence of the buyer's breach.   Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one (1) 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.   Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.   Where the resale is at public sale   only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and   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; and   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; and   the seller may buy.     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 (1) or more of the requirements of this section.   The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (Section 2-707) [Section 75-2-707] or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of Section 2-711) [Section 75-2-711(3)].
MS Code § 75-2-707 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-707. "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 chapter withhold or stop delivery (Section 2-705) [Section 75-2-705] and resell (Section 2-706) [Section 75-2-706] and recover incidental damages (Section 2-710) [Section 75-2-710].
MS Code § 75-2-708 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-708. Seller's damages for nonacceptance or repudiation

  Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (Section 2-723) [Section 75-2-723], 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 chapter (Section 2-710) [Section 75-2-710], but less expenses saved in consequence of the buyer's breach.   If the measure of damages provided in subsection (1) 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 chapter (Section 2-710) [Section 75-2-710], due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
MS Code § 75-2-709 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-709. Action for the price

  When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price   of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and   of 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.     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 such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.   After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (Section 2-610) [Section 75-2-610], a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under section 75-2-708.
MS Code § 75-2-710 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-710. 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.
MS Code § 75-2-711 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2 - Uniform Commercial Code - Sales|Part 7 - . Remedies|§ 75-2-711. Buyer's remedies in general; buyer's security interest in rejected goods

  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 2-612) [Section 75-2-612], 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   "cover" and have damages under Section 75-2-712 as to all the goods affected whether or not they have been identified to the contract; or   recover damages for nondelivery as provided in this chapter (Section 2-713) [Section 75-2-713].     Where the seller fails to deliver or repudiates the buyer may also   if the goods have been identified recover them as provided in this chapter (Section 2-502) [Section 75-2-502]; or   in a proper case obtain specific performance or replevy the goods as provided in this chapter (Section 2-716) [Section 75-2-716].     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 2-706) [Section 75-2-706].