Code of Alabama
Ala. Code § 7-2-714 (2026)
Buyer’s Damages for Breach in Regard to Accepted Goods.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) Where the buyer has accepted goods and given notification (subsection (3) of Section 7-2-607) he 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, and nothing in this section shall be construed so as to limit the seller’s liability for damages for injury to the person in the case of consumer goods. Damages in an action for injury to the person include those damages ordinarily allowable in such actions at law.
(3) In a proper case any incidental and consequential damages under Section 7-2-715 may also be recovered.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 15
cases (4 in the last 5 years), 1980–2026 · leading case: Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014).
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “5 The measure of damages for breach of warranty arising from the sale of goods is governed by § 7-2-714 and § 7-2-715, Ala. Code 1975. Section 7-2-714(2) provides, in part: "(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance…”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “The cost to repair the Jeep was estimated to be $1,200.”
WD Williams, Inc. v. Ivey, 777 So. 2d 94 (Ala. 2000). “Ivey sued Williams Mitsubishi, alleging misrepresentation, seeking damages under Ala.Code 1975, § 7-2-714 (relating to breach of contract by delivery of nonconforming goods), and alleging breach of an express warranty and an implied warranty.”
Alabama Classic Homes, Inc. v. Wickes Lumber Co., 836 So. 2d 885 (Ala. Civ. App. 2002). “The remedies for nonconforming goods that have been accepted, and as to which that acceptance has not subsequently been rightfully revoked, include those remedies set out-in Ala.Code 1975, §§ 7-2-714 and -715, and such other portions of Alabama’s Uniform Commercial Code as may…”
Peterbilt Motors Co. v. Martin, 521 So. 2d 946 (Ala. 1988). “(See Ala.Code 1975, § 7-2-714(2), (3).) The Manufacturer argues that the trial court erred in refusing to give two of its requested charges, which relate to the *950 damages recoverable in actions for breach of warranty.”
Matthews v. Fleetwood Homes of Georgia, 92 F. Supp. 2d 1285 (S.D. Ala. 2000). “” Ala.Code § 7-2-714 (1975) Chief Judge Butler has recently held that interest and finance charges cannot be characterized as incidental or consequential damages (Doc.”
Forest River, Inc. v. Posten, 847 So. 2d 957 (Ala. Civ. App. 2002). “Section 7-2-714(1), Ala.Code 1975, states: *961 “(1) Where the buyer has accepted goods and given notification .”
Rogers v. Tiffin Motor Homes, Inc. (S.D. Ala. 2025). “§ 7-2-714(2) (1975). When “special circumstances” have been held to apply, they simply change the “time and place” to a time other than the time of acceptance, such as the time and place the defect was discovered.”
Brown v. Ford Motor Co. (N.D. Ala. 2021). “” Ala. Code § 7-2-714 (2)- (3). Essentially, the amount in controversy of an MMWA claim, filed in Alabama, “equals the difference between the original purchase price of the [product] and the value of the [product] in its present state, with that figure reduced additionally by…”
Barganier v. Ford Motor Co. (S.D. Ala. 2020). “’ Ala. Code § 7-2-714 (2) & (3).” Holmes, 2007 WL 841686 , at *5; see also Winchester v.”
Parker v. Exterior Restorations, Inc. (S.D. Ala. 2022). “” Ala. Code § 7-2-714 (3). Section 7-2-715 permits an award of consequential damages for “[a]ny loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover…”
Krikorian v. Ford Motor Co. (S.D. Ala. 2019). “1980) (citing Ala. Code § 7-2-714 ) (“[D]amages are normally the difference between the value of the goods as warranted and the value as delivered, plus incidental and consequential damages.”
— Ala. Code § 7-2-714(1) — 2 cases
Alabama Classic Homes, Inc. v. Wickes Lumber Co., 836 So. 2d 885 (Ala. Civ. App. 2002). “The remedies for nonconforming goods that have been accepted, and as to which that acceptance has not subsequently been rightfully revoked, include those remedies set out-in Ala.Code 1975, §§ 7-2-714 and -715, and such other portions of Alabama’s Uniform Commercial Code as may…”
Forest River, Inc. v. Posten, 847 So. 2d 957 (Ala. Civ. App. 2002). “Section 7-2-714(1), Ala.Code 1975, states: *961 “(1) Where the buyer has accepted goods and given notification .”
— Ala. Code § 7-2-714(2) — 6 cases
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “5 The measure of damages for breach of warranty arising from the sale of goods is governed by § 7-2-714 and § 7-2-715, Ala. Code 1975. Section 7-2-714(2) provides, in part: "(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance…”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “The cost to repair the Jeep was estimated to be $1,200.”
Peterbilt Motors Co. v. Martin, 521 So. 2d 946 (Ala. 1988). “(See Ala.Code 1975, § 7-2-714(2), (3).) The Manufacturer argues that the trial court erred in refusing to give two of its requested charges, which relate to the *950 damages recoverable in actions for breach of warranty.”
Rogers v. Tiffin Motor Homes, Inc. (S.D. Ala. 2025). “§ 7-2-714(2) (1975). When “special circumstances” have been held to apply, they simply change the “time and place” to a time other than the time of acceptance, such as the time and place the defect was discovered.”
Armstrong v. Mazda Motor of Am., Inc., 33 So. 3d 1252 (Ala. Civ. App. 2009).
— Ala. Code § 7-2-714(3) — 2 cases
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “5 The measure of damages for breach of warranty arising from the sale of goods is governed by § 7-2-714 and § 7-2-715, Ala. Code 1975. Section 7-2-714(2) provides, in part: "(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance…”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “The cost to repair the Jeep was estimated to be $1,200.”
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