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N.J. Stat. Ann. § 12A:2-712

"Cover" ; buyer's procurement of substitute goods

Applied in 2 court decisions — leading case 735 F. Supp. 1254 - Green Construction Co. v. First Indemnity of America Insurance (1990)

Most recently applied in American Chemical Works Co. v. International Nickel, Inc. (In Re American Chemical Works Co.) (June 1999)

L.1961, c. 120, s. 2-712.

(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 (12A: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: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.