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Full-Text Articles in Commercial Law
Restitution On Default And Article Two Of The Uniform Commercial Code, Robert J. Nordstrom
Restitution On Default And Article Two Of The Uniform Commercial Code, Robert J. Nordstrom
Vanderbilt Law Review
Article 2 of the Uniform Commercial Code, entitled Sales, contains an entire chapter (Part 7) devoted to remedies. This chapter reveals two basic philosophies. First, the draftsmen were concerned with developing a pattern of recovery following default by one of the parties, even though default is but one reason for the nonperformance of promises. Second, the remedies which are codified emphasize the expectation interest of the nondefaulting party and almost ignore any development of the restitution interest. This emphasis upon the expectation interest singles out only one judicial approach by which the economic interests of the parties can be readjusted …
The Plaintiff In Default, Richard H. Lee
The Plaintiff In Default, Richard H. Lee
Vanderbilt Law Review
This article is concerned with one basic fact pattern. A party to a contract has commenced performance but has stopped short of completion. His failure to perform further is legally inexcusable. The other party has not performed, but is not in default. Can the one in default salvage anything from the wreckage of the contract when he himself "cast it on the rocks"? Can he recover the value of his part performance despite the fact that he refused to abide by his contract? The answer most commonly given by the courts is a righteous no.' But there are many factors …