Supreme Court of Delaware
Terex Corporation
June 16, 2015
Summary
The Court answered a certified question by holding that a supplier's repurchase obligation under Delaware's Equipment Dealer Contracts Statute extends only to new, unused, undamaged, and complete inventory. It reasoned that the statutory pricing provisions address only that category, while extending the obligation to used equipment would require impermissible judicial gap-filling and create an incongruity with the statutory remedies. The Court also construed the statute narrowly to avoid unnecessary constitutional questions.