Montana Code Annotated 2017

TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 7. Remedies

"cover" -- Buyer's Procurement Of Substitute Goods

30-2-712. "Cover" -- buyer's procurement of substitute goods. (1) 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.

(2) 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 (30-2-715), but less expenses saved in consequence of the seller's breach.

(3) Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy.

History: En. Sec. 2-712, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-712; amd. Sec. 880, Ch. 56, L. 2009.