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.
History: 1953 Comp., § 50A-2-710, enacted by Laws 1961, ch. 96, § 2-710.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
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.
"Aggrieved party". Section 1-201.
"Buyer". Section 2-103.
"Goods". Section 2-105.
"Seller". Section 2-103.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Letters of Credit and Credit Cards § 75 et seq.
Right of seller upon failure of sales contract to recover from purchaser expenses of caring for personal property prior to its resale, 29 A.L.R. 61.
77A C.J.S. Sales § 363 et seq.
Structure New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Section 55-2-701 - Remedies for breach of collateral contracts not impaired.
Section 55-2-702 - Seller's remedies on discovery of buyer's insolvency.
Section 55-2-703 - Seller's remedies in general.
Section 55-2-705 - Seller's stoppage of delivery in transit or otherwise.
Section 55-2-706 - Seller's resale including contract for resale.
Section 55-2-707 - "Person in the position of a seller."
Section 55-2-708 - Seller's damages for nonacceptance or repudiation.
Section 55-2-709 - Action for the price.
Section 55-2-710 - Seller's incidental damages.
Section 55-2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.
Section 55-2-712 - "Cover"; buyer's procurement of substitute goods.
Section 55-2-713 - Buyer's damages for nondelivery or repudiation.
Section 55-2-714 - Buyer's damages for breach in regard to accepted goods.
Section 55-2-715 - Buyer's incidental and consequential damages.
Section 55-2-716 - Buyer's right to specific performance or replevin.
Section 55-2-717 - Deduction of damages from the price.
Section 55-2-718 - Liquidation or limitation of damages; deposits.
Section 55-2-719 - Contractual modification or limitation of remedy.
Section 55-2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.
Section 55-2-721 - Remedies for fraud.
Section 55-2-722 - Who can sue third parties for injury to goods.
Section 55-2-723 - Proof of market price; time and place.
Section 55-2-724 - Admissibility of market quotations.
Section 55-2-725 - Statute of limitations in contracts for sale.