70A-2-711 - Buyer's remedies in general -- Buyer's security interest in rejected goods. - Utah Statutes

70A-2-711. Buyer's remedies in general -- Buyer's security interest in rejectedgoods.

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects orjustifiably revokes acceptance then with respect to any goods involved, and with respect to thewhole if the breach goes to the whole contract (Section 70A-2-612), the buyer may cancel andwhether 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 whetheror not they have been identified to the contract; or
(b) recover damages for nondelivery as provided in this chapter (Section 70A-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 chapter (Section70A-2-502); or
(b) in a proper case obtain specific performance or replevy the goods as provided in thischapter (Section 70A-2-716).
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a securityinterest in goods in his possession or control for any payments made on their price and anyexpenses reasonably incurred in their inspection, receipt, transportation, care and custody andmay hold such goods and resell them in like manner as an aggrieved seller (Section 70A-2-706).

Enacted by Chapter 154, 1965 General Session