Idaho Statutes

§ 28-2-712 — “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS

Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 7. REMEDIES·Ch. 2 UNIFORM COMMERCIAL CODE — SALES

"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)
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76 P.3d 977 (Idaho Supreme Court, 2003)
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Panike & Sons Farms, Inc. v. Smith
212 P.3d 992 (Idaho Supreme Court, 2009)
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Legislative History

[28-2-712, added 1967, ch. 161, sec. 2-712, p. 351.]

Nearby Sections

15
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