Transactions involving goods sold between business are subject to the agreed to terms of the sale, any terms and conditions the parties have attached to the sale, potentially the course of dealing of the parties in past negotiations and dealings, and the Uniform Commercial Code.
What is often a simple transaction can turn into a tangled web of conflicting laws and contract provisions when a claim of non-conforming tender is made. Understanding the interplay and applicability of each of these elements is crucial to getting ahead of a claim and ensuring successful litigation. At IND LAW we have dealt with different cases involving all these issues, and we help our clients navigate and understand the issues to successfully address the litigation and to minimize the risk of future litigation.
In 2019 IND LAW obtained a successful settlement in a complex case involving application of Article 2 of Tennessee’s Uniform Commercial Code. The case involved application of the duty to notify of a non-conformity in a timely manner and the duty to mitigate. The plaintiff sought damages in excess of $5 million, with settlement being less than 1% of that amount after filing a summary judgment motion.