District of Columbia Code
Part VII - Remedies
§ 28:2–720. Effect of “cancellation” or “rescission” on claims for antecedent breach

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

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 2 - Sales

Part VII - Remedies

§ 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

§ 28:2–704. Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

§ 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

§ 28:2–724. Admissibility of market quotations

§ 28:2–725. Statute of limitations in contracts for sale