§ 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
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 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