Here's my brief understanding. I've only seen this in answer choices, never part of the question:TheWalrus wrote:I'm confused about accommodations for contract and the remedies. If anyone could help, I'd appreciate it. Thanks.
UCC § 2-206, Offer and Acceptance in Formation of Contract, allows the seller to get around formally accepting an offer by shipment by serving a notice that the non-confirming shipment is only a "reasonable accommodation." Thus, my understanding is that the seller won't be liable for breach because a contract was never formed.
Practically, I have no idea how this would play out. My guess is that this is a way for repeat players to hedge against a breach. If the package is not accepted, they just have to pay shipping to get it back, they're not responsible for (probably) much more expensive breach for non-confirming goods.
For goods under a valid contract accepted by performance or a promise to ship, remember that there are four remedies depending on conformity and which party breached:
1. Seller breach/buyer keeps = Fair market value if perfect MINUS Market value as delivered OR cost of repair
2. Seller breach/seller keeps = market price at time of discovery MINUS k price OR replacement – K price
3. Buyer breach/buyer keeps = price of Contract
4. Buyer breach/seller keeps = K price MINUS resale )(BUT lost profits possible if volume seller)