Late Delivery -- Measure of Damages
72 No. 4 U.C.C. Bulletin 1 (2011)
7 Pages Posted: 20 Dec 2013
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: Suggested Citation