Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
Source: L. 65: p. 1342, § 1. C.R.S. 1963: § 155-2-721.
Prior Uniform Statutory Provision: None.
Purposes: To correct the situation by which remedies for fraud have been more circumscribed than the more modern and mercantile remedies for breach of warranty. Thus the remedies for fraud are extended by this section to coincide in scope with those for non-fraudulent breach. This section thus makes it clear that neither rescission of the contract for fraud nor rejection of the goods bars other remedies unless the circumstances of the case make the remedies incompatible.
Definitional Cross References:
"Contract for sale". Section 4-2-106.
"Goods". Section 4-1-201.
"Remedy". Section 4-1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
§ 4-2-701. Remedies for Breach of Collateral Contracts Not Impaired
§ 4-2-702. Seller's Remedies on Discovery of Buyer's Insolvency
§ 4-2-703. Seller's Remedies in General
§ 4-2-705. Seller's Stoppage of Delivery in Transit or Otherwise
§ 4-2-706. Seller's Resale Including Contract for Resale
§ 4-2-707. "Person in the Position of a Seller"
§ 4-2-708. Seller's Damages for Nonacceptance or Repudiation
§ 4-2-709. Action for the Price
§ 4-2-710. Seller's Incidental Damages
§ 4-2-711. Buyer's Remedies in General - Buyer's Security Interest in Rejected Goods
§ 4-2-712. "Cover" - Buyer's Procurement of Substitute Goods
§ 4-2-713. Buyer's Damages for Nondelivery or Repudiation
§ 4-2-714. Buyer's Damages for Breach in Regard to Accepted Goods
§ 4-2-715. Buyer's Incidental and Consequential Damages
§ 4-2-716. Buyer's Right to Specific Performance or Replevin
§ 4-2-717. Deduction of Damages From the Price
§ 4-2-718. Liquidation or Limitation of Damages - Deposits
§ 4-2-719. Contractual Modification or Limitation of Remedy
§ 4-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach
§ 4-2-722. Who Can Sue Third Parties for Injury to Goods
§ 4-2-723. Proof of Market Price - Time and Place