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Miss. Code Ann. § 75-2-711

Buyer’s remedies in general; buyer’s security interest in rejected goods

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 3 court decisions — leading case 512 So. 2d 672 - Beck Enterprises, Inc. v. Hester (1987)

Most recently applied in 585 So. 2d 725 - Gast v. Rogers-Dingus Chevrolet (August 1991)

Codes, 1942, § 41A:2-711; Laws, 1966, ch. 316, § 2-711, eff March 31, 1968.

How often courts cite this section

19821990199110
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) 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) [Section 75-2-612], 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 “cover” and have damages under Section 75-2-712 as to all the goods affected whether or not they have been identified to the contract; or

(2) recover damages for nondelivery as provided in this chapter (Section 2-713) [Section 75-2-713].

(3) Where the seller fails to deliver or repudiates the buyer may also if the goods have been identified recover them as provided in this chapter (Section 2-502) [Section 75-2-502]; or

(4) in a proper case obtain specific performance or replevy the goods as provided in this chapter (Section 2-716) [Section 75-2-716].

(5) 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) [Section 75-2-706].

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.