reglab/housing_qa huggingface dataset:
DC Code § 28:2-611 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VI - Breach, Repudiation and Excuse|§ 28:2-611. Retraction of anticipatory repudiation

(1) 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. (2) 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 (section 28:2-609). (3) 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.  (Dec. 30, 1963, 77 Stat. 662, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-611. 1973 Ed., § 28:2-611. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To make it clear that: 1. The repudiating party’s right to reinstate the contract is entirely dependent upon the action taken by the aggrieved party. If the latter has cancelled the contract or materially changed his position at any time after the repudiation, there can be no retraction under this section. 2. Under subsection (2) an effective retraction must be accompanied by any assurances demanded under the section dealing with right to adequate assurance. A repudiation is of course sufficient to give reasonable ground for insecurity and to warrant a request for assurance as an essential condition of the retraction. However, after a timely and unambiguous expression of retraction, a reasonable time for the assurance to be worked out should be allowed by the aggrieved party before cancellation. Cross Reference: Point 2: Section 2-609. Definitional Cross References: “Aggrieved party”. Section 1-201. “Cancellation”. Section 2-106. “Contract”. Section 1-201. “Party”. Section 1-201. “Rights”. Section 1-201.
DC Code § 28:2-613 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VI - Breach, Repudiation and Excuse|§ 28:2-613. 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 28:2-324 ) then (a) if the loss is total the contract is avoided; and (b) 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.  (Dec. 30, 1963, 77 Stat. 663, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-613. 1973 Ed., § 28:2-613. Section References This section is referenced in § 28:2-324. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Sections 7 and 8, Uniform Sales Act. Changes: Rewritten, the basic policy being continued but the test of a “divisible” or “indivisible” sale or contract being abandoned in favor of adjustment in business terms. Purposes of Changes: 1. Where goods whose continued existence is presupposed by the agreement are destroyed without fault of either party, the buyer is relieved from his obligation but may at his option take the surviving goods at a fair adjustment. “Fault” is intended to include negligence and not merely wilful wrong. The buyer is expressly given the right to inspect the goods in order to determine whether he wishes to avoid the contract entirely or to take the goods with a price adjustment. 2. The section applies whether the goods were already destroyed at the time of contracting without the knowledge of either party or whether they are destroyed subsequently but before the risk of loss passes to the buyer. Where under the agreement, including of course usage of trade, the risk has passed to the buyer before the casualty, the section has no application. Beyond this, the essential question in determining whether the rules of this section are to be applied is whether the seller has or has not undertaken the responsibility for the continued existence of the goods in proper condition through the time of agreed or expected delivery. 3. The section on the term “no arrival, no sale” makes clear that delay in arrival, quite as much as physical change in the goods, gives the buyer the options set forth in this section. Cross Reference: Point 3: Section 2-324. Definitional Cross References: “Buyer”. Section 2-103. “Conform”. Section 2-106. “Contract”. Section 1-201. “Fault”. Section 1-201. “Goods”. Section 2-105. “Party”. Section 1-201. “Rights”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-616 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VI - Breach, Repudiation and Excuse|§ 28:2-616. Procedure on notice claiming excuse

(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this article relating to breach of installment contracts (section 28:2-612), then also as to the whole, (a) terminate and thereby discharge any unexecuted portion of the contract; or (b) modify the contract by agreeing to take his available quota in substitution. (2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected. (3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section.  (Dec. 30, 1963, 77 Stat. 663, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-616. 1973 Ed., § 28:2-616. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: This section seeks to establish simple and workable machinery for providing certainty as to when a supervening and excusing contingency “excuses” the delay, “discharges” the contract, or may result in a waiver of the delay by the buyer. When the seller notifies, in accordance with the preceding section, claiming excuse, the buyer may acquiesce, in which case the contract is so modified. No consideration is necessary in a case of this kind to support such a modification. If the buyer does not elect so to modify the contract, he may terminate it and under subsection (2) his silence after receiving the seller’s claim of excuse operates as such a termination. Subsection (3) denies effect to any contract clause made in advance of trouble which would require the buyer to stand ready to take delivery whenever the seller is excused from delivery by unforeseen circumstances. Cross References: Point 1: Sections 2-209 and 2-615. Definitional Cross References: “Buyer”. Section 2-103. “Contract”. Section 1-201. “Installment contract”. Section 2-612. “Notification”. Section 1-201. “Reasonable time”. Section 1-204. “Seller”. Section 2-103. “Termination”. Section 2-106. “Written”. Section 1-201.
DC Code § 28:2-701 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-701. 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.  (Dec. 30, 1963, 77 Stat. 664, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-701. 1973 Ed., § 28:2-701. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: Whether a claim for breach of an obligation collateral to the contract for sale requires separate trial to avoid confusion of issues is beyond the scope of this Article; but contractual arrangements which as a business matter enter vitally into the contract should be considered a part thereof in so far as cross-claims or defenses are concerned. Definitional Cross References: “Contract for sale”. Section 2-106. “Remedy”. Section 1-201.
DC Code § 28:2-703 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-703. 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 28:2-612 ), then also with respect to the whole undelivered balance, the aggrieved seller may (a) withhold delivery of such goods; (b) stop delivery by any bailee as hereafter provided (section 28:2-705); (c) proceed under the next section respecting goods still unidentified to the contract; (d) resell and recover damages as hereafter provided (section 28:2-706); (e) recover damages for non-acceptance (section 28:2-708) or in a proper case the price (section 28:2-709); (f) cancel.  (Dec. 30, 1963, 77 Stat. 664, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-703. 1973 Ed., § 28:2-703. Section References This section is referenced in § 28:2-602, § 28:2-610, and § 28:2-706. Uniform Commercial Code Comment Prior Uniform Statutory Provision: No comparable index section. See Section 53, Uniform Sales Act. Purposes: 1. This section is an index section which gathers together in one convenient place all of the various remedies open to a seller for any breach by the buyer. This Article rejects any doctrine of election of remedy as a fundamental policy and thus the remedies are essentially cumulative in nature and include all of the available remedies for breach. Whether the pursuit of one remedy bars another depends entirely on the facts of the individual case. 2. The buyer’s breach which occasions the use of the remedies under this section may involve only one lot or delivery of goods, or may involve all of the goods which are the subject matter of the particular contract. The right of the seller to pursue a remedy as to all the goods when the breach is as to only one or more lots is covered by the section on breach in installment contracts. The present section deals only with the remedies available after the goods involved in the breach have been determined by that section. 3. In addition to the typical case of refusal to pay or default in payment, the language in the preamble, “fails to make a payment due,“ is intended to cover the dishonor of a check on due presentment, or the non-acceptance of a draft, and the failure to furnish an agreed letter of credit. 4. It should also be noted that this Act requires its remedies to be liberally administered and provides that any right or obligation which it declares is enforceable by action unless a different effect is specifically prescribed ( Section 1-106). Cross References: Point 2: Section 2-612. Point 3: Section 2-325. Point 4: Section 1-106. Definitional Cross References: “Aggrieved party”. Section 1-201. “Buyer”. Section 2-103. “Cancellation”. Section 2-106. “Contract”. Section 1-201. “Goods”. Section 2-105. “Remedy”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-704 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-704. Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

(1) An aggrieved seller under the preceding section may (a) 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; (b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished. (2) 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.  (Dec. 30, 1963, 77 Stat. 665, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-704. 1973 Ed., § 28:2-704. Section References This section is referenced in § 28:2-610. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Sections 63(3) and 64(4), Uniform Sales Act. Changes: Rewritten, the seller’s rights being broadened. Purposes of Changes: 1. This section gives an aggrieved seller the right at the time of breach to identify to the contract any conforming finished goods, regardless of their resalability, and to use reasonable judgment as to completing unfinished goods. It thus makes the goods available for resale under the resale section, the seller’s primary remedy, and in the special case in which resale is not practicable, allows the action for the price which would then be necessary to give the seller the value of his contract. 2. Under this Article the seller is given express power to complete manufacture or procurement of goods for the contract unless the exercise of reasonable commercial judgment as to the facts as they appear at the time he learns of the breach makes it clear that such action will result in a material increase in damages. The burden is on the buyer to show the commercially unreasonable nature of the seller’s action in completing manufacture. Cross References:Sections 2-703 and 2-706. Definitional Cross References: “Aggrieved party”. Section 1-201. “Conforming”. Section 2-106. “Contract”. Section 1-201. “Goods”. Section 2-105. “Rights”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-707 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-707. “Person in the position of a seller”

(1) 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. (2) A person in the position of a seller may as provided in this article withhold or stop delivery (section 28:2-705) and resell (section 28:2-706) and recover incidental damages (section 28:2-710).  (Dec. 30, 1963, 77 Stat. 666, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-707. 1973 Ed., § 28:2-707. Section References This section is referenced in § 28:2-103, § 28:2-104, and § 28:2-706. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Section 52(2), Uniform Sales Act. Changes: Rewritten. Purposes of Changes: To make it clear that: In addition to following in general the prior uniform statutory provision, the case of a financing agency which has acquired documents by honoring a letter of credit for the buyer or by discounting a draft for the seller has been included in the term “a person in the position of a seller.” Cross Reference: Article 5, Section 2-506. Definitional Cross References: “Consignee”. Section 7-102. “Consignor”. Section 7-102. “Goods”. Section 2-105. “Security interest”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-710 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-710. 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.  (Dec. 30, 1963, 77 Stat. 667, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-710. 1973 Ed., § 28:2-710. Section References This section is referenced in § 28:2-706, § 28:2-707, and § 28:2-708. Uniform Commercial Code Comment Prior Uniform Statutory Provision: See Sections 64 and 70, Uniform Sales Act. Purposes: To authorize reimbursement of the seller for expenses reasonably incurred by him as a result of the buyer’s breach. The section sets forth the principal normal and necessary additional elements of damage flowing from the breach but intends to allow all commercially reasonable expenditures made by the seller. Definitional Cross References: “Aggrieved party”. Section 1-201. “Buyer”. Section 2-103. “Goods”. Section 2-105. “Seller”. Section 2-103.
DC Code § 28:2-713 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-713. Buyer’s damages for non-delivery or repudiation

(1) Subject to the provisions of this article with respect to proof of market price (section 28:2-723), the measure of damages for non-delivery 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 article (section 28:2-715), but less expenses saved in consequence of the seller’s breach. (2) 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.  (Dec. 30, 1963, 77 Stat. 668, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-713. 1973 Ed., § 28:2-713. Section References This section is referenced in § 28:2-711 and § 28:2-723. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Section 67(3), Uniform Sales Act. Changes: Rewritten. Purposes of Changes: To clarify the former rule so that: 1. The general baseline adopted in this section uses as a yardstick the market in which the buyer would have obtained cover had he sought that relief. So the place for measuring damages is the place of tender (or the place of arrival if the goods are rejected or their acceptance is revoked after reaching their destination) and the crucial time is the time at which the buyer learns of the breach. 2. The market or current price to be used in comparison with the contract price under this section is the price for goods of the same kind and in the same branch of trade. 3. When the current market price under this section is difficult to prove the section on determination and proof of market price is available to permit a showing of a comparable market price or, where no market price is available, evidence of spot sale prices is proper. Where the unavailability of a market price is caused by a scarcity of goods of the type involved, a good case is normally made for specific performance under this Article. Such scarcity conditions, moreover, indicate that the price has risen and under the section providing for liberal administration of remedies, opinion evidence as to the value of the goods would be admissible in the absence of a market price and a liberal construction of allowable consequential damages should also result. 4. This section carries forward the standard rule that the buyer must deduct from his damages any expenses saved as a result of the breach. 5. The present section provides a remedy which is completely alternative to cover under the preceding section and applies only when and to the extent that the buyer has not covered. Cross References: Point 3: Sections 1-106, 2-716 and 2-723. Point 5: Section 2-712. Definitional Cross References: “Buyer”. Section 2-103. “Contract”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-717 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-717. 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.  (Dec. 30, 1963, 77 Stat. 668, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-717. 1973 Ed., § 28:2-717. Uniform Commercial Code Comment Prior Uniform Statutory Provision: See Section 69(1)(a), Uniform Sales Act. Purposes: 1. This section permits the buyer to deduct from the price damages resulting from any breach by the seller and does not limit the relief to cases of breach of warranty as did the prior uniform statutory provision. To bring this provision into application the breach involved must be of the same contract under which the price in question is claimed to have been earned. 2. The buyer, however, must give notice of his intention to withhold all or part of the price if he wishes to avoid a default within the meaning of the section on insecurity and right to assurances. In conformity with the general policies of this Article, no formality of notice is required and any language which reasonably indicates the buyer’s reason for holding up his payment is sufficient. Cross Reference: Point 2: Section 2-609. Definitional Cross References: “Buyer”. Section 2-103. “Notifies”. Section 1-201.
DC Code § 28:2-720 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.  (Dec. 30, 1963, 77 Stat. 669, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-720. 1973 Ed., § 28:2-720. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purpose: This section is designed to safeguard a person holding a right of action from any unintentional loss of rights by the ill-advised use of such terms as “cancellation”, “rescission”, or the like. Once a party’s rights have accrued they are not to be lightly impaired by concessions made in business decency and without intention to forego them. Therefore, unless the cancellation of a contract expressly declares that it is “without reservation of rights”, or the like, it cannot be considered to be a renunciation under this section. Cross Reference:Section 1-107. Definitional Cross References: “Cancellation”. Section 2-106. “Contract”. Section 1-201.