Code of Alabama
Ala. Code § 7-2-712 (2026)
“Cover”; Buyer’s Procurement of Substitute Goods.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) After a breach within Section 7-2-711, 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 (Section 7-2-715), 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 him from any other remedy.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 3
cases, 1981–2019 · leading case: Kirkwood Agri-Trade, a Corp., Cross v. Frosty Land Foods Int'l, Inc., an Alabama Corp., Cross, 650 F.2d 602 (5th Cir. 1981).
Kirkwood Agri-Trade, a Corp., Cross v. Frosty Land Foods Int'l, Inc., an Alabama Corp., Cross, 650 F.2d 602 (5th Cir. 1981). “Ala. Code §§ 7-2-712 , official comment 3, 7-2-723(2).”
Century Auto. Grp. v. Structure Designs, LLC, 168 So. 3d 64 (Ala. Civ. App. 2014). “ivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 7-2-612), the buyer may cancel, and whether or not he has done so may,…”
RPG Receivables Purchase Grp., Inc. v. WKW Erbsloeh North Am., LLC (N.D. Ala. 2019). “See Ala. Code § 7-2-712 . WKW has produced testimonial and documentary evidence from its controller, Thomas Kroell, that this difference—which RPG labels “lost profits” and WKW calls actual, direct “cover costs”—equals $1,059,814.”
— Ala. Code § 7-2-712(1) — 1 case
RPG Receivables Purchase Grp., Inc. v. WKW Erbsloeh North Am., LLC (N.D. Ala. 2019). “See Ala. Code § 7-2-712 . WKW has produced testimonial and documentary evidence from its controller, Thomas Kroell, that this difference—which RPG labels “lost profits” and WKW calls actual, direct “cover costs”—equals $1,059,814.”
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