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Session Laws, 1963
Volume 671, Page 827   View pdf image (33K)
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J. MILLARD TAWES, Governor                        829

2712. "Cover"; Buyer's Procurement of Substitute Goods.

(1)  After a breach within the preceding section the buyer may
"cover" by making in good faith and without unreasonable delay
any reasonable purchase of or contract to purchase goods in sub-
stitution for those due from the seller.

(2)   The buyer may recover from the seller as damages the dif-
ference between the cost of cover and the contract price together
with any incidental or consequential damages as hereinafter defined
(Section 2
715), but less expenses saved in consequence of the
seller's breach.

(3)  Failure of the buyer to effect cover within this section does not
bar him from any other remedy.

2713. Buyer's Damages for Non-Delivery or Repudiation.

(1)  Subject to the provisions of this Sub-title with respect to
proof of market price (Section 2
723), the measure of damages for
non-delivery or repudiation by the seller is the difference between
the market price at the time when the buyer learned of the breach
and the contract price together with any incidental and consequential
damages provided in this Sub-title (Section 2
715), but less ex-
penses saved in consequence of the seller's breach.

(2)  Market price is to be determined as of the place for tender
or, in cases of rejection after arrival or revocation of acceptance,
as of the place of arrival.

2714. Buyer's Damages for Breach in Regard to Accepted Goods.

(1)   Where the buyer has accepted goods and given notification
(subsection (3) of Section 2
607) he may recover as damages for
any non-conformity of tender the loss resulting in the ordinary course
of events from the seller's breach as determined in any manner
which is reasonable.

(2)   The measure of damages for breach of warranty is the differ-
ence at the time and place of acceptance between the value of the
goods accepted and the value they would have had if they had been
as warranted, unless special circumstances show proximate damages
of a different amount.

(3)  In a proper case any incidental and consequential damages
under the next section may also be recovered.

2715. Buyer's Incidental and Consequential Damages.

(1)  Incidental damages resulting from the seller's breach include
expenses reasonably incurred in inspection, receipt, transportation
and care and custody of goods rightfully rejected, any commercially
reasonable charges, expenses or commissions in connection with
effecting cover and any other reasonable expense incident to the
delay or other breach.

(2)  Consequential damages resulting from the seller's breach
include

(a) any loss resulting from general or particular requirements
and needs of which the seller at the time of contracting had reason


 

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Session Laws, 1963
Volume 671, Page 827   View pdf image (33K)
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