Contractual
Provisions Affecting Remedies
üLimitation of
Damages.
üLimitation of
Remedies.
üWaiver of
Defenses.
Lemon
Law
The majority of the states have
enacted lemon laws in regard to automobile sales.
Seller’s limitations were too
“good.”
Buyer must:
§Give notice.
§Seller gets four
chances to fix.
§Arbitration:
decision binding on manufacturer, not on Buyer.
Remedies
for Breach of International Sales Contracts
CISG provides remedies similar to
the UCC.
Article 74 provides for money
damages, foreseeable consequential damages.
§Damages are
difference between contract price and market price.
Article 28 provides for specific
performance where a country would normally grant it in their own law.
Parties can agree to what law they
will use.
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