Kansas Statutes
Article 2 - Sales
84-2-703 Seller's remedies in general.

84-2-703. Seller's remedies in general. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (section 84-2-612), then also with respect to the whole undelivered balance, the aggrieved seller may
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (section 84-2-705);
(c) proceed under the next section respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (section 84-2-706);
(e) recover damages for nonacceptance (section 84-2-708) or in a proper case the price (section 84-2-709);
(f) cancel.
History: L. 1965, ch. 564, ยง 99; Jan. 1, 1966.

Structure Kansas Statutes

Kansas Statutes

Chapter 84 - Uniform Commercial Code

Article 2 - Sales

84-2-101 Short title.

84-2-102 Scope; certain security and other transactions excluded from this article.

84-2-103 Definitions and index of definitions.

84-2-104 Definitions: "Merchant"; "between merchants"; "financing agency."

84-2-105 Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit".

84-2-106 Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation".

84-2-107 Goods to be severed from realty: Recording.

84-2-201 Formal requirements; statute of frauds.

84-2-202 Final written expression: Parol or extrinsic evidence.

84-2-203 Seals inoperative.

84-2-204 Formation in general.

84-2-205 Firm offers.

84-2-206 Offer and acceptance in formation of contract.

84-2-207 Additional terms in acceptance or confirmation.

84-2-209 Modification, rescission and waiver.

84-2-210 Delegation of performance; assignment of rights.

84-2-301 General obligations of parties.

84-2-302 Unconscionable contract or clause.

84-2-303 Allocation or division of risks.

84-2-304 Price payable in money, goods, realty, or otherwise.

84-2-305 Open price term.

84-2-306 Output, requirements and exclusive dealings.

84-2-307 Delivery in single lot or several lots.

84-2-308 Absence of specified place for delivery.

84-2-309 Absence of specific time provisions; notice of termination.

84-2-310 Open time for payment or running of credit; authority to ship under reservation.

84-2-311 Options and cooperation respecting performance.

84-2-312 Warranty of title and against infringement; buyer's obligation against infringement.

84-2-313 Express warranties by affirmation, promise, description, sample.

84-2-314 Implied warranty: Merchantability; usage of trade.

84-2-315 Implied warranty: Fitness for particular purpose.

84-2-316 Exclusion or modification of warranties.

84-2-317 Cumulation and conflict of warranties express or implied.

84-2-318 Third party beneficiaries of warranties express or implied.

84-2-319 F.O.B. and F.A.S. terms.

84-2-320 C.I.F. and C.&F. terms.

84-2-321 C.I.F. or C.&F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.

84-2-322 Delivery "ex-ship".

84-2-323 Form of bill of lading required in overseas shipment; "overseas."

84-2-324 "No arrival, no sale" term.

84-2-325 "Letter of credit" term; "confirmed credit".

84-2-326 Sale on approval and sale or return; rights of creditors.

84-2-327 Special incidents of sale on approval and sale or return.

84-2-328 Sale by auction.

84-2-401 Passing of title; reservation for security; limited application of this section.

84-2-402 Rights of seller's creditors against sold goods.

84-2-403 Power to transfer; good faith purchase of goods; "entrusting".

84-2-501 Insurable interest in goods; manner of identification of goods.

84-2-502 Buyer's right to goods on seller's repudiation, failure to deliver or insolvency.

84-2-503 Manner of seller's tender of delivery.

84-2-504 Shipment by seller.

84-2-505 Seller's shipment under reservation.

84-2-506 Rights of financing agency.

84-2-507 Effect of seller's tender; delivery on condition.

84-2-508 Cure by seller of improper tender or delivery; replacement.

84-2-509 Risk of loss in the absence of breach.

84-2-510 Effect of breach on risk of loss.

84-2-511 Tender of payment by buyer; payment by check.

84-2-512 Payment by buyer before inspection.

84-2-513 Buyer's right to inspection of goods.

84-2-514 When documents deliverable on acceptance; when on payment.

84-2-515 Preserving evidence of goods in dispute.

84-2-601 Buyer's rights on improper delivery.

84-2-602 Manner and effect of rightful rejection.

84-2-603 Merchant buyer's duties as to rightfully rejected goods.

84-2-604 Buyer's options as to salvage of rightfully rejected goods.

84-2-605 Waiver of buyer's objections by failure to particularize.

84-2-606 What constitutes acceptance of goods.

84-2-607 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

84-2-608 Revocation of acceptance in whole or in part.

84-2-609 Right to adequate assurance of performance.

84-2-610 Anticipatory repudiation.

84-2-611 Retraction of anticipatory repudiation.

84-2-612 "Installment contract"; breach.

84-2-613 Casualty to identified goods.

84-2-614 Substituted performance.

84-2-615 Excuse by failure of presupposed conditions.

84-2-616 Procedure on notice claiming excuse.

84-2-701 Remedies for breach of collateral contracts not impaired.

84-2-702 Seller's remedies on discovery of buyer's insolvency.

84-2-703 Seller's remedies in general.

84-2-704 Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

84-2-705 Seller's stoppage of delivery in transit or otherwise.

84-2-706 Seller's resale including contract for resale.

84-2-707 "Person in the position of a seller".

84-2-708 Seller's damages for nonacceptance or repudiation.

84-2-709 Action for the price.

84-2-710 Seller's incidental damages.

84-2-711 Buyer's remedies in general; buyer's security interest in rejected goods.

84-2-712 "Cover"; buyer's procurement of substitute goods.

84-2-713 Buyer's damages for nondelivery or repudiation.

84-2-714 Buyer's damages for breach in regard to accepted goods.

84-2-715 Buyer's incidental and consequential damages.

84-2-716 Buyer's right to specific performance or replevin.

84-2-717 Deduction of damages from the price.

84-2-718 Liquidation or limitation of damages; deposits.

84-2-719 Contractual modification or limitation of remedy.

84-2-720 Effect of "cancellation" or "rescission" on claims for antecedent breach.

84-2-721 Remedies for fraud.

84-2-722 Who can sue third parties for injury to goods.

84-2-723 Proof of market price: Time and place.

84-2-724 Admissibility of market quotations.

84-2-725 Statute of limitations in contracts for sale.