Public-domain · open source
OpenJurist

Cal. Com. Code § 2702

Remedies

Known as the Uniform Commercial Code

The act spans §§ 1101 to 12107 (623 sections).

Applied in 3 court decisions — leading case In the Matter of Telemart Enterprises, Inc., Bankrupt. Alfred M. Lewis, Inc. v. Lawrence Holzman, Trustee (1975)

Most recently applied in Kyocera Corporation v. Prudential-Bache Trade Services Inc (July 2002)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

1975198019902000200210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this division (Section 2705).

(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the 10-day limitation does not apply. Except as provided in this subdivision the seller may not base a right to reclaim goods on the buyer’s fraudulent or innocent misrepresentation of solvency or of intent to pay.

(3) The seller’s right to reclaim under subdivision (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this division (Section 2403). Successful reclamation of goods excludes all other remedies with respect to them.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.