Download as PDF
355.2-711 Buyer's remedies in general -- Buyer's security interest in rejected goods.
(1)
(2)
(3)
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 (KRS 355.2-612), 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 KRS 355.2-712 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 article (KRS 355.2-713).
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 article (KRS
355.2-502); or
(b) in a proper case obtain specific performance or replevy the goods as provided
in this article (KRS 355.2-716).
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 (KRS 355.2-706).
Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-711, effective July 1, 1960.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
