Buyer Bob breaches his contract for the sale of goods with Seller Suzie.Suzie still has possession of the goods at the time of the breach.Suzie can refuse to deliver the goods and
A)resell the goods and sue Bob for the total contract price.
B)either resell the goods or sue,but not both.
C)resell the goods and sue for any loss on the sale plus incidental damages less expenses saved.
D)resell the goods and sue only for incidental damages.

Question

Quizplus · Accepted Answer

Under the UCC §2-706, when a buyer breaches a contract for the sale of goods, and the seller still has possession of the goods, the seller may resell the goods and recover the difference between the resale price and the contract price, plus incidental damages and less expenses saved (Option C). The seller may also sue the buyer for any damages suffered, including any loss on the resale, and incidental damages, such as expenses incurred in stopping delivery, shipping, etc. Option A is incorrect because the seller cannot both resell the goods and sue the buyer for the total contract price. Option B is incorrect because the seller can do both. Option D is incorrect because the seller can also sue for any loss on the sale, not merely incidental damages.

Buyer Bob Breaches His Contract for the Sale of Goods