Explain how injured parties can recover damages under the UCC


Since the UCC rests on a fundamental belief in the freedom to contract, the law encourages commercial parties to decide when they enter into an agreement what remedy will be available if either side breaches. If they don't make such provisions, courts deal with any breach of contract "dispassionately," giving the injured party the financial benefit it expected under the agreement—a combination of what are known as general and incidental damages. At times, the plaintiff may also win what are called "special" or consequential damages, covering the economic costs that are a "consequence" of the breach, such as lost profits while a business is shut down because a seller failed to deliver a needed machine. But juries are not free to compensate the winner for pain and suffering, or to award punitive damages or attorneys' fees.

Business

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