Buyer's Remedies with Sale of Goods UCC 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 2 607) he may recover as damages for any non-conformity 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 the next section may also be recovered. UCC 1-305- Remedies to Be Liberally Administered (a) The remedies provided by [the Uniform Commercial Code] must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in [the Uniform Commercial Code] or by other rule of law. Ucc 2-715 - Buyer's Incidental and Consequential Damages+ Comments 2 and 3 1) Incidental damages resulting from the seller's breach include expenses reasonably
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. UCC 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. Official Comment 2: The definition of "cover" under subsection (1) envisages a series of contracts or sales, as well as a single contract or sale; goods not identical with those involved but commercially usable as reasonable substitutes under the circumstances of the particular case; and contracts on credit or delivery terms differing from the contract in breach, but again reasonable under the circumstances. The test of proper cover is whether at the time and place the buyer acted in good faith and in a reasonable manner, and it is immaterial that hindsight may later prove that the method of cover used was not the cheapest or most effective. The requirement that the buyer must cover "without unreasonable delay" is not intended to limit the time necessary for him to look around and decide as to how he may best effect cover. The test here is similar to that genera