Texas Business and Commerce Code 2.712 – “Cover”; Buyer’s Procurement of Substitute Goods
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(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.
Terms Used In Texas Business and Commerce Code 2.712
- Buyer: means a person who buys or contracts to buy goods. See Texas Business and Commerce Code 2.103
- 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.
- Seller: means a person who sells or contracts to sell goods. See Texas Business and Commerce Code 2.103
(c) Failure of the buyer to effect cover within this section does not bar him from any other remedy.