TheWalrus wrote:I'm confused about accommodations for contract and the remedies. If anyone could help, I'd appreciate it. Thanks.
Here's my brief understanding. I've only seen this in answer choices, never part of the question:
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)