Tex. Bus. & Com. Code § 2.712

"COVER"; BUYER'S PROCUREMENT OF SUBSTITUTE GOODS

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Applied in 12 court decisions — leading case Dura-Wood Treating Company v. Century Forest Industries Inc (1982)

Most recently applied in Midcontinent Express Pipeline, LLC v. Man Industries (INDIA), Ltd, Prime Pipe International, Inc., and the Bank of Tokyo-Mitsubishi UFJ, Ltd (May 2013)

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff

How often courts cite this section

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) 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.

(b) 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), but less expenses saved in consequence of the seller's breach.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.