2006 Ohio Revised Code - 1302.95. (UCC 2-721) Remedies for fraud.
§ 1302.95. (UCC 2-721) Remedies for fraud.
Remedies for material misrepresentation or fraud include all remedies available under
sections 1302.01 to
1302.98, inclusive, of the Revised Code for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
HISTORY: 129 v S 5. Eff 7-1-62.
Analogous to former RC § 1315.74.
Official Comment
To correct the situation by which remedies for fraud have been more circumscribed than the more modern and mercantile remedies for breach of warranty. Thus the remedies for fraud are extended by this section to coincide in scope with those for nonfraudulent breach. This section thus makes it clear that neither rescission of the contract for fraud nor rejection of the goods bars other remedies unless the circumstances of the case make the remedies incompatible.
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