AMI 2523 Seller's Remedies

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2523

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 25. UCC Sales Contracts

AMI 2523 Seller's Remedies

If a buyer [wrongfully rejects the goods][or][fails properly to revoke acceptance of the goods][or][fails to make a payment due on or before delivery][or][repudiates with respect to a part or the whole of the contract], a seller may:

[(1) withhold delivery of such goods;]

[(2) stop delivery of goods;]

[(3) resell and recover damages as I will instruct you;]

[(4) recover (damages for non-acceptance)(the price);]

[(5) cancel the contract.]

NOTE ON USE

This instruction should be given as a lead-in or transitional instruction in cases involving a breach by the buyer to give the jury some context in which to understand the issues. Use the appropriate bracketed subsection(s) as warranted by the evidence.

COMMENT

This instruction is based on Ark. Code Ann. § 4-2-703.

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