30-2-714. Buyer's damages for breach in regard to accepted goods. (1) Where the buyer has accepted goods and given notification (subsection (3) of 30-2-607) the buyer may recover as damages for any nonconformity 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: En. Sec. 2-714, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-714; amd. Sec. 881, 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