Public-domain · open source
OpenJurist

Ohio Rev. Code Ann. § 1302.89

Buyer's incidental and consequential damages - UCC 2-715

Applied in 13 court decisions — leading case Goddard v. General Motors Corp. (1979)

Most recently applied in Gerling & Associates, Inc. v. Gearhouse Broadcast Pty. Ltd. (September 2015)

Effective: July 1, 1962; Latest Legislation: Senate Bill 5 - 104th General Assembly

How often courts cite this section

19751980199020002010201520
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) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(B) Consequential damages resulting from the seller's breach include:

(1) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(2) injury to person or property proximately resulting from any breach of warranty.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.