400.2-715. Buyer's incidental and consequential damages. - Missouri Statutes

Buyer's incidental and consequential damages.

400.2-715. (1) Incidental damages resulting from theseller's breach include expenses reasonably incurred ininspection, receipt, transportation and care and custody of goodsrightfully rejected, any commercially reasonable charges,expenses or commissions in connection with effecting cover andany other reasonable expense incident to the delay or otherbreach.

(2) Consequential damages resulting from the seller's breachinclude

(a) any loss resulting from general or particularrequirements and needs of which the seller at the time ofcontracting had reason to know and which could not reasonably beprevented by cover or otherwise; and

(b) injury to person or property proximately resulting fromany breach of warranty.

(L. 1963 p. 503 § 2-715)

(1981) Recovery for economic loss resulting from manufacture and sale of unmerchantable product is limited to damages proximately caused by defective product, and buyer has obligation to mitigate damages. Groppel Co., Inc. v. U.S. Gypsum Co. (A.), 616 S.W.2d 49.