Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 25-2-716

Buyer's right to specific performance or replevin

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 4 court decisions — leading case Abbott v. Blackwelder Furniture Co. (1983)

Most recently applied in E.I. Du Pont De Nemours & Co. v. Bayer Cropscience L.P. (July 2008)

1965, c. 700, s. 1; 1967, c. 562, s. 1; 2000-169, s. 12; 2025-25, s. 112.

How often courts cite this section

198319902000200810
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.

(a) Specific performance may be decreed where the goods are unique or in other proper circumstances.

(b) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(c) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.