Late Delivery -- Measure of Damages

72 No. 4 U.C.C. Bulletin 1 (2011)

Touro Law Center Legal Studies Research Paper

7 Pages Posted: 20 Dec 2013

See all articles by Sidney Kwestel

Sidney Kwestel

Touro University - Jacob D. Fuchsberg Law Center

Date Written: January 1, 2011

Abstract

One would think that the measure of damages to be applied where the seller delivers goods late would be readily ascertainable from the Uniform Commercial Code (U.C.C.), but it apparently is not so simple… The author examines the New York Court of Appeals’ holding in Fertico Belgium S.A. vs. Phosphate Chemicals Exports Ass'n., Inc, which entitled plaintiff to both "cover" damages and profits on the sale of the late-delivered goods.

Keywords: Fertico, cover damages, U.C.C., Uniform Commercial Code, Section 2-712, Section 1-106, Section 2-714, Section 2-711. Section 2-715

Suggested Citation

Kwestel, Sidney, Late Delivery -- Measure of Damages (January 1, 2011). 72 No. 4 U.C.C. Bulletin 1 (2011), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2359601

Sidney Kwestel (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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