UCC exception in Georgia

2015More importantly, a trial court has “broad discretion to fashion an equitable remedy based upon the exigencies of the case,” and “an appellate court sustains the trial court’s action where such discretion has not been abused.” Barngrover v. City of Columbus, 292 Ga. 486, 489 ( 739 SE2d 377 ) (2013).

2015More importantly, a trial court has “broad discretion to fashion an equitable remedy based upon the exigencies of the case,” and “an appellate court sustains the trial court’s action where such discretion has not been abused.” Barngrover v. City of Columbus, 292 Ga. 486, 489 ( 739 SE2d 377 ) (2013).

2020Failure to raise this argument before the hearing officer waived 2 See OCGA § 50-27-102 (d) (5). 3 Welcker v. Ga. Bd. of Examiners of Psychologists, 340 Ga. App. 853, 855 (1) ( 798 SE2d 368 ) (2017) (citation and punctuation omitted). 4 judicial review.4 Thus, we will analyze Ultra’s liquidated damages claim under the non-UCC framework.

2020Failure to raise this argument before the hearing officer waived 2 See OCGA § 50-27-102 (d) (5). 3 Welcker v. Ga. Bd. of Examiners of Psychologists, 340 Ga. App. 853, 855 (1) ( 798 SE2d 368 ) (2017) (citation and punctuation omitted). 4 judicial review.4 Thus, we will analyze Ultra’s liquidated damages claim under the non-UCC framework.

2020Additionally, as noted in Division 1, supra, Ultra did not present its claims to the hearing officer under the UCC framework. 25 Cf. Unique, 200 Ga. App. at 648-650 (1) (applying the lost volume seller doctrine when the seller immediately sold the contracted item to an alternate buyer, the seller had a large inventory, and the contracted item was stock with no 10 that would have allowed the hearing officer to calculate Ultra’s lost profits with reasonable certainty, the hearing officer did not err in rejecting this argument.26 Judgment affirmed.

2020Additionally, as noted in Division 1, supra, Ultra did not present its claims to the hearing officer under the UCC framework. 25 Cf. Unique, 200 Ga. App. at 648-650 (1) (applying the lost volume seller doctrine when the seller immediately sold the contracted item to an alternate buyer, the seller had a large inventory, and the contracted item was stock with no 10 that would have allowed the hearing officer to calculate Ultra’s lost profits with reasonable certainty, the hearing officer did not err in rejecting this argument.26 Judgment affirmed.

2005See Hewett v. Raytheon Aircraft Co., 273 Ga. App. 242, 246 (1) (614 *340 SE2d 875) (2005) (motion to dismiss); DeKalb County v. C.

2005See Hewett v. Raytheon Aircraft Co., 273 Ga. App. 242, 246 (1) (614 *340 SE2d 875) (2005) (motion to dismiss); DeKalb County v. C.

2003For the moment, assuming that the UCC exception might be applicable, that exception “is aimed at the protection of the purchaser, where [the purchaser] acts in good faith and the owner takes the risk by placing or leaving his chattel with a merchant of his own choosing.” (Citations and punctuation omitted.) Simson v. Moon, 137 Ga. App. 82, 85-86 ( 222 SE2d 873 ) (1975).

2003For the moment, assuming that the UCC exception might be applicable, that exception “is aimed at the protection of the purchaser, where [the purchaser] acts in good faith and the owner takes the risk by placing or leaving his chattel with a merchant of his own choosing.” (Citations and punctuation omitted.) Simson v. Moon, 137 Ga. App. 82, 85-86 ( 222 SE2d 873 ) (1975).

1986See also Irvin v. Lowe’s of Gainesville, 165 Ga. App. 828, 829 (2) ( 302 SE2d 734 ) (1983), holding that, under the provisions of the UCC, the assignment of an existing breach of a UCC warranty claim, as opposed to an assignment of the warranty itself, is specifically authorized.

1986See also Irvin v. Lowe’s of Gainesville, 165 Ga. App. 828, 829 (2) ( 302 SE2d 734 ) (1983), holding that, under the provisions of the UCC, the assignment of an existing breach of a UCC warranty claim, as opposed to an assignment of the warranty itself, is specifically authorized.