Colorado Code
Part 7 - Remedies
§ 4-2-712. "Cover" - Buyer's Procurement of Substitute Goods




Source: L. 65: p. 1339, § 1. C.R.S. 1963: § 155-2-712.
Prior Uniform Statutory Provision: None.
Purposes:




The requirement that the buyer must cover "without unreasonable delay" is not intended to limit the time necessary for him to look around and decide as to how he may best effect cover. The test here is similar to that generally used in this Article as to reasonable time and seasonable action.
However, this subsection must be read in conjunction with the section which limits the recovery of consequential damages to such as could not have been obviated by cover. Moreover, the operation of the section on specific performance of contracts for "unique" goods must be considered in this connection for availability of the goods to the particular buyer for his particular needs is the test for that remedy and inability to cover is made an express condition to the right of the buyer to replevy the goods.
Cross References:
Point 1: Section 4-2-706.
Point 2: Section 4-1-204.
Point 3: Sections 4-2-713, 4-2-715 and 4-2-716.
Point 4: Section 4-1-203.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Contract". Section 4-1-201.
"Good faith". Section 4-2-103.
"Goods". Section 4-2-105.
"Purchase". Section 4-1-201.
"Remedy". Section 4-1-201.
"Seller". Section 4-2-103.

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 2 - Sales

Part 7 - Remedies

§ 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

§ 4-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

§ 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

§ 4-2-721. Remedies for Fraud

§ 4-2-722. Who Can Sue Third Parties for Injury to Goods

§ 4-2-723. Proof of Market Price - Time and Place

§ 4-2-724. Admissibility of Market Quotations

§ 4-2-725. Statute of Limitations in Contracts for Sale