400.2-711. Buyer's remedies in general--buyer's security interest in rejected goods. - Missouri Statutes

Buyer's remedies in general--buyer's security interest in rejectedgoods.

400.2-711. (1) Where the seller fails to make delivery orrepudiates or the buyer rightfully rejects or justifiably revokesacceptance then with respect to any goods involved, and withrespect to the whole if the breach goes to the whole contract(section 400.2-612), the buyer may cancel and whether or not hehas done so may in addition to recovering so much of the price ashas been paid

(a) "cover" and have damages under section 400.2-712 as toall the goods affected whether or not they have been identifiedto the contract; or

(b) recover damages for nondelivery as provided in thisarticle (section 400.2-713).

(2) Where the seller fails to deliver or repudiates thebuyer may also

(a) if the goods have been identified recover them asprovided in this article (section 400.2-502); or

(b) in a proper case obtain specific performance or replevythe goods as provided in this article (section 400.2-716).

(3) On rightful rejection or justifiable revocation ofacceptance a buyer has a security interest in goods in hispossession or control for any payments made on their price andany expenses reasonably incurred in their inspection, receipt,transportation, care and custody and may hold such goods andresell them in like manner as an aggrieved seller (section400.2-706).

(L. 1963 p. 503 § 2-711)