2006 New York Code - Buyer\'s Remedies In General; Buyer\'s Security Interest In Rejected Goods.



 
  Section 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 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 non-delivery as provided in this Article
             (Section 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 Article (Section 2--502); or
         (b) in a proper case obtain specific performance or  replevy  the
             goods as provided in this Article (Section 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 2--706).

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