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Call Now: 904-383-7448Incidental 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.)
- Incidental damages include all commercially reasonable expenditures. The test of commercial reasonableness is a practical one, requiring primarily honesty and good faith in attempting to minimize damages. What is commercially reasonable is to be determined from all facts and circumstances of each case, and must be judged in light of one viewing situation at time problem was presented. Beckman Cotton Co. v. First Nat'l Bank, 666 F.2d 181 (5th Cir. 1982).
- Payment to foreign purchaser, where it was merely refund of difference between original contract price of cotton and then prevailing international market price of cotton, was appropriate and commercially reasonable. Beckman Cotton Co. v. First Nat'l Bank, 666 F.2d 181 (5th Cir. 1982).
- 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.
- Uniform Commercial Code (U.L.A.) § 2-710.
- 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.
No results found for Georgia Code 11-2-710.