146

LAWS OF MARYLAND

[Ch. 49

(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 substitution for those due from the
seller.

(2)    The buyer may recover from the seller as
damages the difference between the cost of cover and the
contract price together with any incidental or
consequential damages as hereinafter defined (§ 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.

2—713. Buyer's damages for non—delivery or repudiation.

(1)   Subject to the provisions of this (subtitle]
TITLE with respect to proof of market price (§ 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 [subtitle) TITLE
(§ 2—715), but less expenses 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.

2—714. Buyer's damages for breach in regard to accepted
goods.

(1)    Where the buyer has accepted goods and given
notification (subsection (3) of § 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 difference 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.

2—715. Buyer's incidental and consequential damages.