(a) If the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then, with respect to goods involved and with respect to the whole if the breach goes to the whole contract (AS 45.02.612), the buyer may cancel and, whether or not the buyer has done so, may, in addition to recovering so much of the price as has been paid,
(1) “cover” and have damages under AS 45.02.712 as to all the goods affected, whether or not they have been identified to the contract; or
(2) recover damages for nondelivery as provided in AS 45.02.713.
(b) If the seller fails to deliver or repudiates, the buyer may also
(1) if the goods have been identified, recover them as provided in AS 45.02.502; or
(2) in a proper case obtain specific performance or replevy the goods as provided in AS 45.02.716.
(c) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in the possession or control of the buyer for payments made on their price and expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold the goods and resell them in like manner as an aggrieved seller (AS 45.02.706).
Structure Alaska Statutes
Sec. 45.02.701. Remedies for breach of collateral contracts not impaired.
Sec. 45.02.702. Seller's remedies on discovery of buyer's insolvency.
Sec. 45.02.703. Seller's remedies in general.
Sec. 45.02.705. Seller's stoppage of delivery in transit or otherwise.
Sec. 45.02.706. Seller's resale including contract for resale.
Sec. 45.02.707. Person in the position of a seller.
Sec. 45.02.708. Seller's damages for nonacceptance or repudiation.
Sec. 45.02.709. Action for the price.
Sec. 45.02.710. Seller's incidental damages.
Sec. 45.02.711. Buyer's remedies in general; buyer's security interest in rejected goods.
Sec. 45.02.712. “Cover”; buyer's procurement of substitute goods.
Sec. 45.02.713. Buyer's damages for nondelivery or repudiation.
Sec. 45.02.714. Buyer's damages for breach in regard to accepted goods.
Sec. 45.02.715. Buyer's incidental and consequential damages.
Sec. 45.02.716. Buyer's right to specific performance or replevin.
Sec. 45.02.717. Deduction of damages from the price.
Sec. 45.02.718. Liquidation or limitation of damages; deposits.
Sec. 45.02.719. Contractual modification or limitation of remedy.
Sec. 45.02.720. Effect of cancellation or rescission on claims for antecedent breach.
Sec. 45.02.721. Remedies for fraud.
Sec. 45.02.722. Who can sue third parties for injury to goods.
Sec. 45.02.723. Proof of market price; time and place.
Sec. 45.02.724. Admissibility of market quotations.
Sec. 45.02.725. Statute of limitations in contracts for sale.