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Miss. Code Ann. § 75-2-712

“Cover”; buyer’s procurement of substitute goods

Known as the Uniform Commercial Code

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

Applied in 3 court decisions — leading case Migerobe, Inc. v. Certina USA, Inc. (1991)

Most recently applied in 671 So. 2d 1316 - Terex Corp. v. Ingalls Shipbuilding, Inc. (March 1996)

Codes, 1942, § 41A:2-712; Laws, 1966, ch. 316, § 2-712, eff March 31, 1968.

How often courts cite this section

197719801990199610
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 section 75-2-711 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 2-715) [Section 75-2-715], 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.

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.