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Del. Code tit. 6, §§ 2-704

Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

5A Del

(1) An aggrieved seller under the preceding section may

(a) identify to the contract conforming goods not already identified if at the time he or she learned of the breach they are in his or her possession or control;

(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resale for scrap or salvage value or proceed in any other reasonable manner.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.