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Sale of Goods

Chicago Attorneys Litigate Disputes Over Sales of Goods

Protecting the integrity of your business transactions

Your business relies on good faith transactions for the sale of goods. But when a transaction goes wrong, your rights and remedies are not always clear, and taking what you believe are common sense actions might even get you in greater trouble. Fortunately, Schwartz & Kanyock, LLC can provide reliable advice and skilled litigations services. Our attorneys have more than 50 years of combined experience helping Chicago area merchants in disputes over commercial contracts between businesses for the sale of goods.

Experienced attorneys litigate tough Uniform Commercial Code questions

Like most states, Illinois has adopted the Uniform Commercial Code (UCC) to standardize commercial transactions across state lines. But these laws don’t always provide bright lines for merchants on either side of a transaction. The task of correctly interpreting the contract under the UCC often falls to an arbiter or judge. That’s when it’s vital to retain a knowledgeable commercial litigation attorney who can provide answers to sticky questions on vital issues, such as:

  • Duty to mitigate — What are the obligations of the non-breaching party in a sales agreement?
  • Nonconforming goods — When a party to a contract delivers goods that are materially different from those identified in the contract, what are the obligations and remedies?
  • Perfect tender — How far does a buyer’s right go when accepting some goods and rejecting others?
  • “Reasonable time/good faith” standard — What are the parties’ obligations when a contract is vague about the time frame for performance?
  • Requirements/Output contracts — How much protection do parties acting in good faith have against disproportionate demands?
  • Reasonable grounds for insecurity — What constitutes a threat of non-performance or a reassurance for a party considering repudiation?
  • Battle of forms — When business agreement templates differ, which form governs the transaction?
  • Statute of frauds — What are the requirements of a written contract and a signature?
  • Cure/cover — How much time must a buyer give a seller to cure performance before affecting a cure?
  • Risk of loss — When does responsibility for the condition of goods shift from the seller to the buyer?
  • Crop failure — What conditions excuse a farmer’s obligation to deliver the full amount promised to his buyers?
  • Insolvency — What are the rights of a seller to refuse delivery to an insolvent buyer? How can a seller reclaim goods from an insolvent buyer?
  • Rightfully rejected goods — How can a merchant buyer dispose of rejected goods?
  • Implied warranties — How do unspoken promises regarding the fitness and merchantability of goods affect the parties’ rights?

The UCC provides a list of damages available to buyers and sellers in different breach of contract scenarios. Schwartz & Kanyock, LLC provides the aggressive legal representation you need to pursue damages and to collect what you are owed.

See Schwartz & Kanyock, LLC in Chicago for commercial disputes over sales of goods

Your business depends on smooth, successful transactions. Schwartz & Kanyock, LLC can resolve your disputes in a cost-effective manner and get you back to business. To schedule your initial consultation, call today at 312-436-1442 or contact our firm online.

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