Texas § BC.2.711 - BUYER'S REMEDIES IN GENERAL

§ BC.2.711. BUYER'S REMEDIES IN GENERAL

BUYER'S REMEDIES IN GENERAL; BUYER'S SECURITY INTEREST IN REJECTED GOODS. (a) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 2.612 ), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid (1) "cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (2) recover damages for non-delivery as provided in this chapter (Section 2.713 ). (b) Where the seller fails to deliver or repudiates the buyer may also (1) if the goods have been identified recover them as provided in this chapter (Section 2.502 ); or (2) in a proper case obtain specific performance or replevy the goods as provided in this chapter (Section 2.716 ). (c) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (Section 2.706 ). Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Sec. 2.712. "COVER"; BUYER'S PROCUREMENT OF SUBSTITUTE GOODS. (a) 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. (b) 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 2.715 ), but less expenses saved in consequence of the seller's breach. (c) Failure of the buyer to effect cover within this section does not bar him from any other remedy. Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.