2018 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 2 - Sales
Section 55-2-710 - Seller's incidental damages.
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
History: 1953 Comp., § 50A-2-710, enacted by Laws 1961, ch. 96, § 2-710.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
Prior uniform statutory provision. — See Sections 64 and 70, Uniform Sales Act.
Purposes. — To authorize reimbursement of the seller for expenses reasonably incurred by him as a result of the buyer's breach. The section sets forth the principal normal and necessary additional elements of damage flowing from the breach but intends to allow all commercially reasonable expenditures made by the seller.
"Aggrieved party". Section 1-201.
"Buyer". Section 2-103.
"Goods". Section 2-105.
"Seller". Section 2-103.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Letters of Credit and Credit Cards § 75 et seq.
Right of seller upon failure of sales contract to recover from purchaser expenses of caring for personal property prior to its resale, 29 A.L.R. 61.
77A C.J.S. Sales § 363 et seq.
