M Civ JI 141.12 Contract Damages - UCC: Buyer’s Breach by Nonpayment - Goods Identified to the Contract - No Resale - Seller’s Action for Price

If you find that the buyer breached the contract by failing to pay the price as it became due after the goods were identified to the contract, and that [ the seller made reasonable efforts to sell the goods at a reasonable price and was unable to do so / circumstances indicate that the seller would not have been able to sell the goods at a reasonable price ], then you must award the seller the price due under the contract.

You must add to this amount any of the following damages you find the seller had:

(a) *(any commercially reasonable [ charges / expenses / commissions ] the seller incurred after the buyer’s breach in stopping delivery, and in the [ transportation / care / custody ] of goods, and in connection with return or efforts to resell the goods) and

(b) *(any other commercially reasonable [ charges / expenses / commissions ] resulting from the buyer’s breach.)

Note on Use

*Delete section a or b if not an issue in the lawsuit.

Comment

MCL 440.2709, .2710.

History

M Civ JI 141.12 was added February 1987.