Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the buyer's breach, in connection with return or resale of the goods, or otherwise resulting from the breach.
Source: L. 65: p. 1339, § 1. C.R.S. 1963: § 155-2-710.
Prior Uniform Statutory Provision: See Sections 64 and 70, Uniform Sales Act.
Purposes: To authorize reimbursement of the seller for expenses reasonably incurred by him as a result of the buyer's breach. The section sets forth the principal normal and necessary additional elements of damage flowing from the breach but intends to allow all commercially reasonable expenditures made by the seller.
Definitional Cross References:
"Aggrieved party". Section 4-1-201.
"Buyer". Section 4-2-103.
"Goods". Section 4-2-105.
"Seller". Section 4-2-103.
Structure Colorado Code
Title 4 - 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 Nonacceptance 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