§ 336.2-712 — 'cover'; Buyer's Procurement of Substitute Goods
Plain-Language Summary
After the seller breaches, the buyer can 'cover' by making a reasonable substitute purchase in good faith. The buyer can recover the difference between the cover price and the contract price, plus incidental and consequential damages.
336.2-712 “COVER”; BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
(1) After a breach within the preceding section 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 336.2-715), 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 the buyer from any other remedy.
History:
1965 c 811 s 336.2-712; 1986 c 444
History: History: 1965 c 811 s 336.2-712; 1986 c 444