7-2-715
Section 7-2-715 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 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. (Acts 1965, No. 549, p. 811.)...
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7-2A-520
Section 7-2A-520 Lessee's incidental and consequential damages. (1) Incidental damages resulting
from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation,
and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably
revoked, any commercially reasonable charges, expenses or commissions in connection with effecting
cover, and any other reasonable expense incident to the default. (2) Consequential damages
resulting from a lessor's default include: (a) any loss resulting from general or particular
requirements and needs of which the lessor 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. (Acts 1992, 2nd Ex. Sess.,
No. 92-700, p. 92, §520.)...
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27-31A-2
investment policies, and reinsurance agreements. g. Identification of each state in which the
risk retention group has obtained, or sought to obtain, a charter and license, and a description
of its status in each state. h. Other matters as may be prescribed by the Commissioner of
Insurance, or like official, in which the risk retention group is chartered for liability
insurance companies authorized by the insurance laws of that state. (9) PRODUCT LIABILITY.
Liability for damages because of any personal injury, death, emotional harm,
consequential economic damage, or property damage, including damages resulting from the loss
of use of property, arising out of the manufacture, design, importation, distribution, packaging,
labeling, lease, or sale of a product, but does not include the liability of any person for
those damages if the product involved was in the possession of the person when the incident
giving rise to the claim occurred. (10) PURCHASING GROUP. Any group which meets all...
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7-2-710
Section 7-2-710 Seller's incidental damages. Incidental damages to an aggrieved seller include
any commercially reasonable charges, expenses or commissions incurred in stopping delivery,
in the transportation, care and custody of goods after the buyer's breach, in connection with
return or resale of the goods or otherwise resulting from the breach. (Acts 1965, No. 549,
p. 811.)...
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7-2-714
in regard to accepted goods. (1) Where the buyer has accepted goods and given notification
(subsection (3) of Section 7-2-607) he may recover as damages for any nonconformity 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, and nothing in this section shall be construed
so as to limit the seller's liability for damages for injury to the person in the case
of consumer goods. Damages in an action for injury to the person include those damages
ordinarily allowable in such actions at law. (3) In a proper case any incidental and consequential
damages under Section 7-2-715 may also be recovered. (Acts 1965, No. 549, p. 811.)...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty
in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated
in the lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessee elects not to cover or a lessee elects
to cover and the cover is by lease agreement that for any reason does not qualify for treatment
under Section 7-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery
or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is
the present value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default. (2) Market...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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7-2-713
Section 7-2-713 Buyer's damages for nondelivery or repudiation. (1) Subject to the provisions
of this article with respect to proof of market price (Section 7-2-723), the measure of damages
for nondelivery 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 article (Section 7-2-715), 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. (Acts 1965, No. 549, p. 811.)...
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7-2-712
Section 7-2-712 "Cover"; buyer's procurement of substitute goods. (1) After a breach
within Section 7-2-711, 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 (Section 7-2-715), 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. (Acts 1965, No. 549, p. 811.)...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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