7-2-714
Section 7-2-714 Buyer's damages for breach in regard to accepted goods. (1) Where the buyer
has accepted goods and given notification (subsection (3) of 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...
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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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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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7-2-715
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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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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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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7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over. (1) The buyer must pay
at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of such
a breach, he must so notify the seller within a reasonable time after he...
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37-2-62
Section 37-2-62 Action for damages. (a) If the value of such goods, property or chattels so
lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall
not be paid or tendered to such person entitled thereto so presenting such verified claim
therefor within the time prescribed in subsection (b) of Section 37-2-61, such person may,
on bringing an action therefor and on making proof of such shipment and loss, or destruction,
failure to deliver or injury to such goods, chattels or property, and the due presentation
of such verified claim, or demand for the value of, or damage to such goods, property or chattels,
and that such claim was not for more than such value or injury, and the failure of such transportation
company to pay for the same within 60 days from the making of such demand, recover from the
said transportation company fourfold damages, suffered by reason of such loss, destruction
or injury, unless such loss, destruction or injury is the result...
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