30-2-712. "Cover" -- buyer's procurement of substitute goods. (1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (30-2-715), but less expenses saved in consequence of the seller's breach.
(3) Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy.
History: En. Sec. 2-712, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-712; amd. Sec. 880, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
30-2-701. Remedies for breach of collateral contracts not impaired
30-2-702. Seller's remedies on discovery of buyer's insolvency
30-2-703. Seller's remedies in general
30-2-705. Seller's stoppage of delivery in transit or otherwise
30-2-706. Seller's resale including contract for resale
30-2-707. "Person in the position of a seller"
30-2-708. Seller's damages for nonacceptance or repudiation
30-2-709. Action for the price
30-2-710. Seller's incidental damages
30-2-711. Buyer's remedies in general -- buyer's security interest in rejected goods
30-2-712. "Cover" -- buyer's procurement of substitute goods
30-2-713. Buyer's damages for nondelivery or repudiation
30-2-714. Buyer's damages for breach in regard to accepted goods
30-2-715. Buyer's incidental and consequential damages
30-2-716. Buyer's right to specific performance or recovery of goods
30-2-717. Deduction of damages from the price
30-2-718. Liquidation or limitation of damages -- deposits
30-2-719. Contractual modification or limitation of remedy
30-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach
30-2-722. Who can sue third parties for injury to goods
30-2-723. Proof of market price -- time and place