California Commercial Code

§ 2711

COM § 2711Div. 2 · Ch. 7

Statute text

(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 (Section 2612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid

(a)“Cover” and have damages under the next section 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 this division (Section 2713).

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Legislative history

Enacted by Stats. 1963, Ch. 819.