Sec. 2711.
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 2612), the buyer may cancel and whether 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 whether or not they have been identified to the contract; or
(b) recover damages for nondelivery as provided in this article (section 2713).
(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 article (section 2502); or
(b) in a proper case obtain specific performance or replevy or recover the goods as provided in this article (section 2716).
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 2706).
History: 1962, Act 174, Eff. Jan. 1, 1964
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2 - Sales (440.2101...440.2725)
174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)
Section 440.2701 - Collateral or Ancillary Contracts; Remedies for Breach.
Section 440.2702 - Insolvency of Buyer; Remedies of Seller.
Section 440.2705 - Stoppage of Delivery in Transit or Otherwise; Conditions; Notice to Bailee.
Section 440.2707 - Person in the Position of a Seller.
Section 440.2708 - Nonacceptance or Repudiation; Seller's Damages.
Section 440.2709 - Nonpayment; Action for Price, Damages.
Section 440.2710 - Seller's Incidental Damages.
Section 440.2712 - Cover; Procurement of Substitute Goods; Buyer's Damages.
Section 440.2713 - Nondelivery or Repudiation; Buyer's Damages.
Section 440.2714 - Accepted Goods; Buyer's Damages for Breach.
Section 440.2715 - Buyer's Incidental and Consequential Damages.
Section 440.2716 - Specific Performance; Replevin; Claim and Delivery.
Section 440.2717 - Deduction of Damages From Price; Notice.
Section 440.2718 - Liquidation and Limitation of Damages; Restitution to Buyers.
Section 440.2719 - Contractual Modification or Limitation of Remedies.
Section 440.2720 - Cancellation, Rescission, Antecedent Breach.
Section 440.2721 - Remedies for Misrepresentation or Fraud.
Section 440.2722 - Right of Action Against Third Party for Injury to Goods.
Section 440.2723 - Evidence of Market Price; Time, Place, Surprise.
Section 440.2724 - Evidence of Market Price; Market Quotations, Admissibility.
Section 440.2725 - Statute of Limitations in Contracts for Sale; Contractual Reduction.