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Tex. Bus. & Com. Code § 2.715

BUYER'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Applied in 29 court decisions — leading case Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc. (1978)

Most recently applied in Hess v. Schlumberger (February 2022)

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

How often courts cite this section

19741980199020002010202240
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: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.