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O.C.G.A. § 11-2-714

Buyer’s damages for goods

Code 1933, § 109A-2-714, enacted by Ga

contract or nonpayment of money obligation payable in foreign currency, 105

Necessity that buyer, relying on market price as measure of damages for seller’s breach of sale contract, show that goods in question were available for market at price shown, 20 A.L.R.2d 819.

Allegation of buyer’s ability and willingness to perform, in action for damages for failure to deliver goods purchased, 94 A.L.R.2d 1215.

Measure and elements of buyer’s recovery upon revocation of acceptance of goods under UCC § 2-608(1), 65 A.L.R.3d 388.

Failure to deliver ordered merchandise to customer on date promised as unfair or deceptive trade practice, 7 A.L.R.4th 1257.

breach in regard to accepted

(1) Where the buyer has accepted goods and given notification

(subsection (3) of Code Section 11-2-607) 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.

(2) 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.

(3) In a proper case any incidental and consequential damages under Code Section 11-2-715 may also be recovered.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.