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performance. [2 Hawkland UCC Series § 2-725:2, Westlaw (database updated June 2021); Anticipatory Repudiation, supra .]
2. Applicability of Different Statutes of Limitation to Sales Contracts If the contract is one for the sale of goods, Article 2’s statute of limitations will generally apply. Sometimes, though, a different statute of limitations may apply to a sales contract. For instance, the same facts creating a claim for breach of the implied warranty of merchantability may also give rise to a tort claim in products liability, especially if the defect causes personal injury or property damage. Here, courts might apply the relevant torts statute of limitation instead of Article 2’s limitations period. Further, a state may enact a nonuniform version of Article 2 providing for a different limitations period from that discussed in this outline. [ See 2 Hawkland UCC Series § 2-725:1, Westlaw (database updated June 2021).] 3. Extension of Time if Case Is Dismissed Other Than for Voluntary Dismissal or Failure to Prosecute Article 2’s statute of limitations is generally extended if (1) a case is initially commenced timely but then dismissed, at least without prejudice, for reasons other than voluntary dismissal or failure to prosecute, and (2) the statute of limitations has expired. Here, the claimant has six months from the time of dismissal to file a new action. [U.C.C. § 2-725(3) (1951); 2 Hawkland UCC Series § 2-725:4, Westlaw (database updated June 2021).] 4. Tolling of the Statute of Limitations Article 2 does not alter the law on tolling of the statute of limitations. Thus, generally applicable common law or statutory doctrines that suspend the running of the statute of limitations may apply. Examples include equitable estoppel, fraudulent concealment, or the plaintiff’s disability. [U.C.C. § 2-725(4) (1951); 2 Hawkland UCC Series § 2-725:4, Westlaw (database updated June 2021).]
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