11-2-712. “Cover”; buyer’s procurement of substitute goods.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(1)
After a breach within Code Section 11-2-711 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 (Code Section 11-2-715), but less expenses saved in consequence of the seller’s breach.#
(3)
Failure of the buyer to effect cover within this Code section does not bar him from any other remedy.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-712, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews

For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 241; merge action: carried; file SHA-256 ad397fccbf21.