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ORS 72.7110

Known as the Uniform Commercial Code

The act spans §§ 72–72 (125 sections).

Applied in 13 court decisions — leading case Jorgensen v. Pressnall (1976)

Most recently applied in Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc. (March 2014)

1961 c.726 §72.7110

How often courts cite this section

196419701980199020002010201440
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 as provided in ORS 72.6120, the buyer may cancel and whether or not the buyer has done so may in addition to recovering so much of the price as has been paid:

(a) “Cover” and have damages under ORS 72.7120 as to all the goods affected whether or not they have been identified to the contract; or

(b) Recover damages for nondelivery as provided in ORS 72.7130.

(2) Where the seller fails to deliver or repudiates the buyer may also:

(a) If the goods have been identified recover them as provided in ORS 72.5020; or

(b) In a proper case obtain specific performance or replevy the goods as provided in ORS 72.7160.

(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in the possession or control of the buyer 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 as provided in ORS 72.7060.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.