Printable Format84-2-717. Deduction of damages from the price. The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
History: L. 1965, ch. 564, ยง 113; January 1, 1966.
KANSAS COMMENT, 1996
This section grants a buyer that accepts the goods a form of self-help remedy. It permits the buyer to deduct from the unpaid purchase price the amount of damages it suffered from the seller's breach. The buyer, of course, must calculate its damages under this section in good faith. The buyer also must give notice to the seller of its intention to exercise this remedy.
Law Review and Bar Journal References:
"The FTC Holder Rule: A Sword and a Shield for Defrauded Consumers," Robert E. Hiatt, J.K.T.L.A. Vol. XXI, No. 5, 13 (1998).
CASE ANNOTATIONS
1. Whether party may set off admitted debt for products sold against breach of confidentiality damage claim examined. All West Pet Supply v. Hill's Pet Products, 840 F. Supp. 1433, 1441 (1993).
2. Questions of fact regarding damages claimed because of alleged false credit report precluded summary judgment. Maberry v. Said, 911 F. Supp. 1393, 1406 (1995).