| a surplus. Because Section 9-626 [Maine cite section 9-1626] | does not apply to consumer transactions, the statute is silent as | to whether a double recovery or other over-compensation is | possible in a consumer transaction. |
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| | Damages for violation of the requirements of this Article, | including Section 9-609 [Maine cite section 9-1609], are those | reasonably calculated to put an eligible claimant in the position | that it would have occupied had no violation occurred. See | Section 1-106. Subsection (b) [Maine cite subsection (2)] | supports the recovery of actual damages for committing a breach | of the peace in violation of Section 9-609 [Maine cite section 9- | 1609], and principles of tort law supplement this subsection. | See Section 1-103. However, to the extent that damages in tort | compensate the debtor for the same loss dealt with by this | Article, the debtor should be entitled to only one recovery. |
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| | 4. Minimum Damages in Consumer-Goods Transactions. | Subsection (c)(2) [Maine cite subsection (3), paragraph (b)] | provides a minimum, statutory, damage recovery for a debtor and | secondary obligor in a consumer-goods transaction. It is | patterned on former Section 9-507(1) and is designed to ensure | that every noncompliance with the requirements of Part 6 in a | consumer-goods transaction results in liability, regardless of | any injury that may have resulted. Subsection (c)(2) [Maine cite | subsection (3), paragraph (b)] leaves the treatment of statutory | damages as it was under former Article 9. A secured party is not | liable for statutory damages under this subsection more than once | with respect to any one secured obligation. See Section 9-628(e) | [Maine cite section 9-1628, subsection (5)]. Nor is a secured | party liable under this subsection for failure to comply with | Section 9-616 [Maine cite section 9-1616]. See Section 9-628(d) | [Maine cite section 9-1628, subsection (4)]. |
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| | Following former Section 9-507(1), this Article does not | include a definition or explanation of the terms "credit service | charge," "principal amount," "time-price differential," or "cash | price," as used in subsection (c)(2) [Maine cite subsection (3), | paragraph (b)]. It leaves their construction and application to | the court, taking into account the subsection's purpose of | providing a minimum recovery in consumer-goods transactions. |
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| | 5. Supplemental Damages. Subsections (e) and (f) [Maine cite | subsections (5) and (6)] provide damages that supplement the | recovery, if any, under subsection (b) [Maine cite subsection | (2)]. Subsection (e) [Maine cite subsection (5)] imposes an | additional $500 liability upon a person who fails to comply with | the provisions specified in that subsection, and subsection (f) | [Maine cite subsection (6)] imposes like damages on a person who, | without reasonable excuse, fails to comply with a request for an |
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