MARVIN MANDEL, Governor
147
(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 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
|