Idaho Statutes
§ 28-2-712 — “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS
"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.
(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 (section 28-2-715), but less expenses saved in consequence of the seller’s breach.
(3)Failure of the buyer to effect cover within this section does not bar him from any other remedy.
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Related
Borah v. McCandless
205 P.3d 1209 (Idaho Supreme Court, 2009)
Keller v. Inland Metals All Weather Conditioning, Inc.
76 P.3d 977 (Idaho Supreme Court, 2003)
Panike & Sons Farms, Inc. v. Smith
212 P.3d 992 (Idaho Supreme Court, 2009)
Fitzmorris v. AG Manufacturing & Technology, Inc.
(D. Idaho, 2025)
Legislative History
[28-2-712, added 1967, ch. 161, sec. 2-712, p. 351.]
Nearby Sections
15
§ 28-1-101
SHORT TITLES§ 28-1-102
SCOPE OF CHAPTER§ 28-1-104
CONSTRUCTION AGAINST IMPLIED REPEAL§ 28-1-105
SEVERABILITY§ 28-1-106
USE OF SINGULAR AND PLURAL — GENDER§ 28-1-107
SECTION CAPTIONS§ 28-1-201
GENERAL DEFINITIONS§ 28-1-202
NOTICE — KNOWLEDGE§ 28-1-204
VALUE§ 28-1-205
REASONABLE TIME — SEASONABLENESS§ 28-1-206
PRESUMPTIONS