Tennessee § 47-2-714 - Buyer's damages for breach in regard to accepted goods.

§ 47-2-714. Buyer's damages for breach in regard to accepted goods.

Where the buyer has accepted goods and given notification (§ 47-2-607(3)) 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. 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. In a proper case any incidental and consequential damages under the next section may also be recovered. Acts 1963, ch. 81, § 1 (2-714). Prior Tennessee Law: § 47-1269. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Commercial Law, § 31. Law Reviews. Breach of Implied Warranty: Has the Foreign/Natural Test Lost Its Bite?, 20 Mem. St. U.L. Rev. 377 (1990). Contract Damages in Tennessee (Robert M. Lloyd), 69 Tenn. L. Rev. 837 (2002). Cited: MBI Motor Co. v. Lotus/East, Inc., 506 F.2d 709, 1974 U.S. App. LEXIS 5713 (6th Cir. Tenn. 1974); Great American Music Machine, Inc. v. Mid-South Record Pressing Co., 393 F. Supp. 877, 1975 U.S. Dist. LEXIS 14093 (M.D. Tenn. 1975); Fuller v. Orkin Exterminating Co., 545 S.W.2d 103, 1975 Tenn. App. LEXIS 207 (Tenn. Ct. App. 1975); Plastic Moldings Corp. v. Park Sherman Co., 606 F.2d 117, 1979 U.S. App. LEXIS 11531 (6th Cir. Tenn. 1979); Harris Corp. v. Mallicote, 514 F. Supp. 7, 1980 U.S. Dist. LEXIS 16615 (E.D. Tenn. 1980); Seaton v. Lawson Chevrolet-Mazda, Inc., 821 S.W.2d 137, 1991 Tenn. LEXIS 440 (Tenn. 1991); Aquascene, Inc. v. Noritsu Am. Corp., 831 F. Supp. 602, 1993 U.S. Dist. LEXIS 13411 (M.D. Tenn. 1993).