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the seller must permit the goods’ reasonable inspection by prospective bidders. The goal here is to foster “intelligent bidding.” [U.C.C. § 2-706(4)(c), cmt. 9 (1951); 2 Hawkland UCC Series § 2-706:2, Westlaw (database updated June 2021).] 5) Seller’s Right to Buy at a Public Resale At a resale by public sale, the seller may bid on and purchase the goods. This rule benefits the buyer, in that it tends to increase the resale price and, commensurately, decrease the damages for which the buyer is liable. [U.C.C. § 2-706(4)(d), cmt. 9 (1951).] c. Rights of a Good-Faith Purchaser at a Resale If a purchaser at a resale buys the goods in good faith, then the purchaser takes free of the original buyer’s rights. This proposition holds true even if the seller does not comply with the requirements for resale set forth in § 2-706, discussed above. [U.C.C. § 2-706(5) (1951).] d. Rule That All Aspects of the Resale Must Be Commercially Reasonable As mentioned, all aspects of the resale must be commercially reasonable, including the time, place, manner, method, and terms of resale. The UCC does not articulate a standard for commercial reasonableness here, and courts seem reluctant to supply a definition of their own. Even so, commercial reasonableness hinges on market conditions, the type of goods, and other factors. Of course, the resale’s terms need not be the same as those of the breached contract. Market price can be relevant to whether the resale price is commercially reasonable, though market price is not conclusive. The ultimate resale price need not be the absolute highest price possible, though it should reflect the best price that the seller could reasonably obtain under the circumstances. If the seller uses reasonable diligence, and the resale occurs in a reasonable time after the breach, then even a precipitous decline in price may not preclude commercial reasonableness. [ See U.C.C. § 2- 706(2) (1951); Smith v. Paoli Popcorn Co. , 618 N.W.2d 452 (Neb. 2000); Elephant Butte Resort Marina, Inc. v. Wooldridge , 694 P.2d 1351 (N.M. 1985); Wisconsin Cranberry Cooperative v. Groupe Alimonco, Inc. , 371 Wis.2d 565 (Wisc. Ct. App. 2016); 4A Part I Anderson U.C.C. § 2-706:30 (3d. ed.), Westlaw (database updated Dec. 2020).] Example : A popcorn manufacturer contracted to buy corn from a farmer for $0.10 per pound. Once the farmer grew and delivered the corn, the manufacturer wrongfully rejected the corn. Trying to resell the corn, the farmer contacted several other companies with considerable experience purchasing corn from farmers in the region. Most of these companies offered
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