Introduction

Equitable and Other Alternative Buyer and Seller Remedies

The following instructions apply to cases wherein the aggrieved party seeks damages. However, under the Uniform Commercial Code, remedies can be cumulative for aggrieved sellers and buyers of goods. Legal remedies such as replevin (i.e., claim and delivery) under MCL 440.2711 and reclamation under MCL 440.2702 are not included in this chapter. In appropriate cases, the jury must be instructed as to any additional legal remedies.

Equitable remedies such as specific performance under MCL 440.2711 and cancellation (rescission) under MCL 440.2703 are not included in this chapter because they are not tried to a jury.

History

This Introduction was added February 1987.