Specific performance is a remedy not ordinarily available


1. Specific Performance is a remedy not ordinarily available upon breach of contract for the sale of goods.

2. A breach of contract is one example of a tort.

3. For products liability it must always be established that the injured user purchased the product directly from the manufacturer.

4. Breach of warranty only applies to those in privity of contract

5. A contract for purchase of real property is not subject to the equitable remedy of specific performance.

6. Under the UCC ordinary consumers are generally subject to the same standards than Merchants.

7. Under the UCC, sales contracts include contracts for the purchase of services.

8. “Seasonable Notice” refers to a reasonable opportunity for a seller to cure the defect(s) in non-conforming goods.

9. A party can not bring a law suit for both a breach of warranty and products liability arising out of purchase of the same product.

10. The perfect tender rule provides that a buyer may not reject goods that conform to the contract in a substantial manner.

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