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HomeCommercial CodeDiv. 2Ch. 7§ 2712 Buyer Cover After Breach

§ 2712 Buyer Cover After Breach

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2712 Buyer Cover After Breach

Key Takeaways

  • •If a seller doesn't deliver what they promised, the buyer can buy the same thing from someone else.
  • •The buyer can ask the seller to pay the difference between the new price and the original price.
  • •The buyer can also ask for extra money if they lost more because of the seller's mistake.
  • •If the buyer doesn't buy from someone else, they can still take other actions against the seller.

Example

You order a bike from a store, but they never deliver it.

You can buy the same bike from another store and ask the first store to pay the difference if it's more expensive. If you had to pay for a taxi because you didn't get the bike on time, you can ask for that money too.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2712 Buyer Cover After Breach

(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 (Section 2715), 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 him from any other remedy. (Enacted by Stats. 1963, Ch. 819.)

Last verified: January 23, 2026

Key Terms

coverbreachbuyersellerdamagescontract priceincidental or consequential damages

Related Statutes

  • § 2717 Buyer'S Damage Deduction Right
  • § 2701 Collateral Contract Remedies
  • § 2705 Seller'S Right To Stop Delivery
  • § 2711 Buyer Remedies For Nondelivery
  • § 2713 Seller Breach Damages Calculation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2712.
View Official Source