Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 27 - Remedies
Section 2716 - Right of buyer to specific performance or replevin

§ 2716. Right of buyer to specific performance or replevin.
(a) Specific performance.--Specific performance may be decreed where the goods are unique or in other proper circumstances.
(b) Terms and conditions of decree.--The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(c) Replevin.--The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing, or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer's right of replevin vests upon acquisition of a special property even if the seller had not then repudiated or failed to deliver. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001)
2001 Amendment. Act 18 amended subsec. (c).
Cross References. Section 2716 is referred to in sections 2402, 2711 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 13 - COMMERCIAL CODE

Chapter 27 - Remedies

Extra - Chapter Notes

Section 2701 - Remedies for breach of collateral contracts not impaired

Section 2702 - Remedies of seller on discovery of insolvency of buyer

Section 2703 - Remedies of seller in general

Section 2704 - Right of seller to identify goods to contract notwithstanding breach or to salvage unfinished goods

Section 2705 - Stoppage by seller of delivery in transit or otherwise

Section 2706 - Resale by seller including contract for resale

Section 2707 - "Person in the position of a seller."

Section 2708 - Damages of seller for nonacceptance or repudiation

Section 2709 - Action for the price

Section 2710 - Incidental damages of seller

Section 2711 - Remedies of buyer in general; security interest of buyer in rejected goods

Section 2712 - "Cover"; procurement by buyer of substitute goods

Section 2713 - Damages of buyer for nondelivery or repudiation

Section 2714 - Damages of buyer for breach in regard to accepted goods

Section 2715 - Incidental and consequential damages of buyer

Section 2716 - Right of buyer to specific performance or replevin

Section 2717 - Deduction of damages from price

Section 2718 - Liquidation or limitation of damages; deposits

Section 2719 - Contractual modification or limitation of remedy

Section 2720 - Effect of "cancellation" or "rescission" on claims for antecedent breach

Section 2721 - Remedies for fraud

Section 2722 - Who can sue third parties for injury to goods

Section 2723 - Proof of market price: time and place

Section 2724 - Admissibility of market quotations

Section 2725 - Statute of limitations in contracts for sale