830                               LAWS OF MARYLAND                        [CH. 538

to know and which could not reasonably be prevented by cover or
otherwise; and

(b) injury to person or property proximately resulting from any
breach of warranty.

2—716. Buyer's Right to Specific Performance or Replevin.

(1)  Specific performance may be decreed where the goods are
unique or in other proper circumstances.

(2)  The decree for specific performance may include such terms
and conditions as to payment of the price, damages, or other relief
as the court may deem just.

(3)   The buyer has a right of replevin for goods identified to the
contract if after reasonable effort he is unable to effect cover for such
goods or the circumstances reasonably indicate that such effort will
be unavailing, or if the goods have been shipped under reservation
and satisfaction of the security interest in them has been made or
tendered.

2—717. Deduction of Damages From the Price.

The buyer on notifying the seller of his intention to do so may
deduct all or any part of the damages resulting from any breach of
the contract from any part of the price still due under the same
contract.

2—718. Liquidation or Limitation of Damages; Deposits.

(1)  Damages for breach by either party may be liquidated in the
agreement but only at an amount which is reasonable in the light of
the anticipated or actual harm caused by the breach, the difficulties
of proof of loss, and the inconvenience or non-feasibility of otherwise
obtaining an adequate remedy. A term fixing unreasonably large
liquidated damages is void as a penalty.

(2)   Where the seller justifiably withholds delivery of goods be-
cause of the buyer's breach, the buyer is entitled to restitution of
any amount by which the sum of his payment exceeds

(a)  the amount to which the seller is entitled by virtue of terms
liquidating the seller's damages in accordance with subsection (1), or

(b)  in the absence of such terms, twenty per cent of the value of
the total performance for which the buyer is obligated under the
contract or $500, whichever is smaller.

(3)   The buyer's right to restitution under subsection (2) is sub-
ject to offset to the extent that the seller establishes

(a)  a right to recover damages under the provisions of this Sub-
title other than subsection (1), and

(b)  the amount or value of any benefits received by the buyer
directly or indirectly by reason of the contract.

(4) Where a seller has received payment in goods their reasonable
value or the proceeds of their resale shall be treated as payments
for the purposes of subsection (2); but if the seller has notice of the
buyer's breach before reselling goods received in part performance,