70A-2-711. Buyer's remedies in general -- Buyer's security interest in rejected
goods.
(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 70A-2-612), 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 chapter (Section 70A-2-713).
(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 this chapter (Section
70A-2-502); or
(b) in a proper case obtain specific performance or replevy the goods as provided in this
chapter (Section 70A-2-716).
(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 70A-2-706).
Enacted by Chapter 154, 1965 General Session
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Last revised: Thursday, May 28, 2009