Thursday, April 2, 2015

Sales - Survey of 2014 Cases

My annual survey of noteworthy sales cases arising under Article 2 during 2014 is now available on SSRN , 71 Bus. Law. (forthcoming Aug. 2015).  There is the usual cadre of good formation cases, such as Grandoe Corp. v. Gander Mountain Co. (formation under section 2-204 based on oral agreement where buyer had its terms and conditions posted on its web site) and Nebraska Machinery Co. v. Cargotec Solutions, LLC (formation under sections 2-206 and 2-207 based upon conduct of delivery, payment and use of engines.  There were also a number of good remedies cases in 2014.  In particular, the case of Peace River Seed Co-Operative, Ltd. v. Proceeds Marketing, Inc. took up the difficult issue of a seller which wants to claim a market-based remedy under 2-708 after a favorable resale.  While the Code is not clear on these types of resales, this case is wrong, as it fails to give full effect to the policy of limited compensation under the Code and the doctrine of mitigation. 


1 comment:

Heritage Legal said...

The Gander Mountain case seemed especially interesting. There was something where they never had a written agreement.