7-2-711
Section 7-2-711 Buyer's remedies in general; buyer's security interest in rejected goods. (1)
Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably
revokes acceptance, then with respect to any goods involved, and with respect to the whole
if the breach goes to the whole contract (Section 7-2-612), the buyer may cancel, and whether
or not he has done so may, in addition to recovering so much of the price as has been paid:
(a) "Cover" and have damages under Section 7-2-712 as to all the goods affected
whether or not they have been identified to the contract; or (b) Recover damages for nondelivery
as provided in this article (Section 7-2-713). (2) Where the seller fails to deliver or repudiates
the buyer may also: (a) If the goods have been identified recover them as provided in this
article (Section 7-2-502); or (b) In a proper case obtain specific performance or replevy
the goods as provided in this article (Section 7-2-716). (3) On...
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7-2-718
Section 7-2-718 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 nonfeasibility 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 because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments 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, 20 percent 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 subject to...
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7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
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37-2-60
Section 37-2-60 Measure of damages for loss, injury, or delay in delivery, etc. In all
cases of loss, destruction, injury to, delay in delivering or failure to deliver property,
chattels or goods of any character to the person entitled thereto by a transportation company,
having received the same for shipment in accordance with the contract of shipment, such transportation
company shall be liable to the person having the title to such property, chattels, or goods,
when lost or destroyed, for the market value of such chattels, property, or goods at the place
of destination, at the time and in the condition they should have been delivered, with interest
from the time they should have been delivered; and where injured, for the damages caused thereto,
less the amount of freight charges due for their transportation, with interest from the time
they should have been delivered uninjured; and in case of delay beyond a reasonable time,
the difference in the value of the goods when they should...
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7-2-719
limit or alter the measure of damages recoverable under this article, as by limiting the buyer's
remedies to return of the goods and repayment of the price or to repair and replacement of
nonconforming goods or parts; and (b) Resort to a remedy as provided is optional unless the
remedy is expressly agreed to be exclusive, in which case it is the sole remedy. (2) Where
circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy
may be had as provided in this title. (3) Consequential damages may be limited or excluded
unless the limitation or exclusion is unconscionable. Limitation of consequential damages
for injury to the person in the case of consumer goods is prima facie unconscionable
but limitation of damages where the loss is commercial is not. (4) Nothing in this section
or in Section 7-2-718 shall be construed so as to limit the seller's liability for damages
for injury to the person in the case of consumer goods. (Acts 1965, No. 549, p. 811.)...

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7-2-707
Section 7-2-707 "Person in the position of a seller." (1) A "person in the position
of a seller" includes as against a principal an agent who has paid or become responsible
for the price of goods on behalf of his principal or anyone who otherwise holds a security
interest or other right in goods similar to that of a seller. (2) A person in the position
of a seller may as provided in this article withhold or stop delivery (Section 7-2-705) and
resell (Section 7-2-706) and recover incidental damages (Section 7-2-710). (Acts 1965, No.
549, p. 811.)...
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7-2-725
than one year but may not extend it. (2) A cause of action accrues when the breach occurs,
regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty
occurs when tender of delivery is made, except that where a warranty explicitly extends to
future performance of the goods and discovery of the breach must await the time of such performance
the cause of action accrues when the breach is or should have been discovered; however, a
cause of action for damages for injury to the person in the case of consumer goods
shall accrue when the injury occurs. (3) Where an action commenced within the time
limited by subsection (1) is so terminated as to leave available a remedy by another action
for the same breach such other action may be commenced after the expiration of the time limited
and within six months after the termination of the first action unless the termination resulted
from voluntary discontinuance or from dismissal for failure or neglect to prosecute....
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37-2-61
statement of the goods, property or chattels so lost, destroyed or injured, or not delivered,
setting forth the kind of articles, and the number thereof, and the value and the extent or
amount of damages, and shall, after making, subscribing and swearing to the same before an
officer authorized to administer an oath, deliver the same to the said transportation company,
agent, or officer of said transportation company so receiving said shipment within 60 days
after said loss, destruction, injury, or failure to deliver such goods, property or
chattels. (b) When such verified statement of such loss, destruction, injury, or failure
to deliver shall be delivered to such transportation company, or officer, or agent of such
transportation company, it shall be the duty of such transportation company, if such property,
goods or chattels were lost, destroyed, not delivered or injured by said transportation company,
or the agent or officer of such transportation company, to pay or tender to...
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7-2A-506
been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause
of action for indemnity accrues (a) in the case of an indemnity against liability, when the
act or omission on which the claim for indemnity is based is or should have been discovered
by the indemnified party, or when the default occurs, whichever is later, (b) in the case
of an indemnity against loss or damage, when the person indemnified makes payment thereof.
A cause of action for damages for injury to the person in the case of consumer goods
accrues when the injury occurs. (3) If an action commenced within the time limited
by subsection (1) is so terminated as to leave available a remedy by another action for the
same default or breach of warranty or indemnity, the other action may be commenced after the
expiration of the time limited and within 6 months after the termination of the first action
unless the termination resulted from voluntary discontinuance or from dismissal for failure...

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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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