Cal. Com. Code § 2712

Remedies

Known as the Uniform Commercial Code

The act spans §§ 1101 to 12107 (623 sections).

Applied in 7 court decisions — leading case 14 Cal. App. 3d 209 - Gerwin v. Southeastern California Ass'n of Seventh Day Adventists (1971)

Most recently applied in 187 Cal. App. 4th 831 - New West Charter Middle School v. Los Angeles Unified School District (September 2010)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 2715), 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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.