11-2-714. Buyer’s damages for breach in regard to accepted goods.

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

(1)
Where the buyer has accepted goods and given notification (subsection (3) of Code Section 11-2-607) 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.#
(3)
In a proper case any incidental and consequential damages under Code Section 11-2-715 may also be recovered.#

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-2-714, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews

For comment on Felder v. Neeves, 36 Ga. App. 41, 135 S.E. 219 (1926) , see Ga. L. Rev. No. 1 P. 51 (1927). For note, “Buyer’s Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement,” see 7 Ga. L. Rev. 711 (1973). For article comparing consumer remedies under the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) and the U.C.C., see 27 Mercer L. Rev. 1111 (1976). 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). For comment, “Damage Awards and Computer Systems — Trends,” see 35 Emory L.J. 255 (1986).

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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 244; merge action: carried; file SHA-256 ad397fccbf21.

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