Page:United States Statutes at Large Volume 77.djvu/700

 668

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

§ 28:2—713. Buyer's damages for non-delivery or repudiation (1) Subject to the provisions of this article with respect to proof of market price (section 28:2—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 article (section 28:2—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. §28:2—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 28:2—607) he may recover as damages for any non-conformity of tender the lo'ss resulting in the ordinary coui"se 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) I n a proper case any incidental and consequential damages under the next section may also be recovered. § 28:2—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 commerciallj' reasonable charges, expenses or commissions m 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. § 28:2—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 circmnstances 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. § 28:2—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.

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