(1) Where the buyer has accepted goods and given notification (§ 4-2-607(3)) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
History. Acts 1961, No. 185, § 2-714; A.S.A. 1947, § 85-2-714.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
§ 4-2-701. Remedies for breach of collateral contracts not impaired
§ 4-2-702. Seller's remedies on discovery of buyer's insolvency
§ 4-2-703. Seller's remedies in general
§ 4-2-705. Seller's stoppage of delivery in transit or otherwise
§ 4-2-706. Seller's resale including contract for resale
§ 4-2-707. “Person in the position of a seller.”
§ 4-2-708. Seller's damages for non-acceptance or repudiation
§ 4-2-709. Action for the price
§ 4-2-710. Seller's incidental damages
§ 4-2-711. Buyer's remedies in general — Buyer's security interest in rejected goods
§ 4-2-712. “Cover” — Buyer's procurement of substitute goods
§ 4-2-713. Buyer's damages for nondelivery or repudiation
§ 4-2-714. Buyer's damages for breach in regard to accepted goods
§ 4-2-715. Buyer's incidental and consequential damages
§ 4-2-716. Buyer's right to specific performance or replevin
§ 4-2-717. Deduction of damages from the price
§ 4-2-718. Liquidation or limitation of damages — Deposits
§ 4-2-719. Contractual modification or limitation of remedy
§ 4-2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 4-2-722. Who can sue third parties for injury to goods
§ 4-2-723. Proof of market price — Time and place