Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
(Dec. 30, 1963, 77 Stat. 669, Pub. L. 88-243, § 1.)
1981 Ed., § 28:2-720.
1973 Ed., § 28:2-720.
Prior Uniform Statutory Provision: None. Purpose:
This section is designed to safeguard a person holding a right of action from any unintentional loss of rights by the ill-advised use of such terms as “cancellation”, “rescission”, or the like. Once a party’s rights have accrued they are not to be lightly impaired by concessions made in business decency and without intention to forego them. Therefore, unless the cancellation of a contract expressly declares that it is “without reservation of rights”, or the like, it cannot be considered to be a renunciation under this section.
Cross Reference:Section 1-107.
Definitional Cross References: “Cancellation”. Section 2-106.
“Contract”. Section 1-201.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
§ 28:2–701. Remedies for breach of collateral contracts not impaired
§ 28:2–702. Seller’s remedies on discovery of buyer’s insolvency
§ 28:2–703. Seller’s remedies in general
§ 28:2–705. Seller’s stoppage of delivery in transit or otherwise
§ 28:2–706. Seller’s resale including contract for resale
§ 28:2–707. “Person in the position of a seller”
§ 28:2–708. Seller’s damages for non-acceptance or repudiation
§ 28:2–709. Action for the price
§ 28:2–710. Seller’s incidental damages
§ 28:2–711. Buyer’s remedies in general; buyer’s security interest in rejected goods
§ 28:2–712. “Cover”; buyer’s procurement of substitute goods
§ 28:2–713. Buyer’s damages for non-delivery or repudiation
§ 28:2–714. Buyer’s damages for breach in regard to accepted goods
§ 28:2–715. Buyer’s incidental and consequential damages
§ 28:2–716. Buyer’s right to specific performance or replevin
§ 28:2–717. Deduction of damages from the price
§ 28:2–718. Liquidation or limitation of damages; deposits
§ 28:2–719. Contractual modification or limitation of remedy
§ 28:2–720. Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 28:2–721. Remedies for fraud
§ 28:2–722. Who can sue third parties for injury to goods
§ 28:2–723. Proof of market price: time and place