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§12A-5-111.
§12A-5-111.
Remedies.
(a) If an issuer wrongfully dishonors or repudiates its obligation to
pay money under a letter of credit before presentation, the
beneficiary, successor, or nominated person presenting on its own
behalf may recover from the issuer the amount that is the subject of
the dishonor or repudiation. If the issuer's obligation under the
letter of credit is not for the payment of money, the claimant may
obtain specific performance or, at the claimant's election, recover an
amount equal to the value of performance from the issuer. In either
case, the claimant may also recover incidental but not consequential
damages. The claimant is not obligated to take action to avoid damages
that might be due from the issuer under this subsection. If, although
not obligated to do so, the claimant avoids damages, the claimant's
recovery from the issuer must be reduced by the amount of damages
avoided. The issuer has the burden of proving the amount of damages
avoided. In the case of repudiation the claimant need not present any
document.
(b) If an issuer wrongfully dishonors a draft or demand presented
under a letter of credit or honors a draft or demand in breach of its
obligation to the applicant, the applicant may recover damages
resulting from the breach, including incidental but not consequential
damages, less any amount saved as a result of the breach.
(c) If an adviser or nominated person other than a confirmer breaches
an obligation under this article or an issuer breaches an obligation
not covered in subsection (a) or (b) of this section, a person to whom
the obligation is owed may recover damages resulting from the breach,
including incidental but not consequential damages, less any amount
saved as a result of the breach. To the extent of the confirmation, a
confirmer has the liability of an issuer specified in this subsection
and subsections (a) and (b) of this section.
(d) An issuer, nominated person, or adviser who is found liable under
subsection (a), (b), or (c) of this section shall pay interest on the
amount owed thereunder from the date of wrongful dishonor or other
appropriate date.
(e) Reasonable attorney's fees and other expenses of litigation must
be awarded to the prevailing party in an action in which a remedy is
sought under this article.
(f) Damages that would otherwise be payable by a party for breach of
an obligation under this article may be liquidated by agreement or
undertaking, but only in an amount or by a formula that is reasonable
in light of the harm anticipated.
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