California Commercial Code 2711 – (1) Where the seller fails to make delivery or …
(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
Terms Used In California Commercial Code 2711
- contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
(b) Recover damages for nondelivery as provided in this division (Section 2713).
(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 the division (Section 2502); or
(b) In a proper case obtain specific performance or replevy the goods as provided in this division (Section 2716).
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control 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 (Section 2706).
(Enacted by Stats. 1963, Ch. 819.)