Code of Alabama
Ala. Code § 7-2-715 (2026)
Buyer’s Incidental and Consequential Damages.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller’s breach include:
(a) Any 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 or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1980–2025 · 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…”
Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003). “See also Official Comment to § 7-2-715, at paragraph 5 ("Where the injury involved follows the use of goods without discovery of the defect causing the damage, the question of `proximate' cause turns on whether it was reasonable for the buyer to use the goods without such…”
Sparks v. Total Body Essential Nutrition, Inc., 27 So. 3d 489 (Ala. 2009). “, § 7-2-715(2)(b), Ala.Code 1975 ("Consequential damages resulting from the seller's breach include: .”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “ges 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…”
Ex Parte Paulk, 722 So. 2d 171 (Ala. 1998). “) If a person seeks damages for personal injuries in a breach-of-warranty action, as authorized by Ala.Code 1975, § 7-2-715(2)(b), he is suing for damages for personal injuries.”
Matthews v. Fleetwood Homes of Georgia, 92 F. Supp. 2d 1285 (S.D. Ala. 2000). “August 19, 1999), citing Ala.Code § 7-2-715); see Boyd, su *1289 pra, 188 F.”
Johnco Materials, Inc. v. Conrad Yelvington Distributors, Inc., 542 F. Supp. 2d 1248 (M.D. Ala. 2008). “§ 7-2-715(b) (1975) ("Consequential damages resulting from the seller’s breach include: (a) Any 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…”
Shavers v. Massey-Ferguson, Inc., 834 F.2d 970 (11th Cir. 1987). “Ala.Code § 7-2-715(2) provides that "[c]onse-quential damages resulting from the seller’s breach include; (a) Any 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…”
Parker v. Exterior Restorations, Inc. (S.D. Ala. 2022). ““In a proper case any incidental and consequential damages under Section 7-2-715 may also be recovered.” Ala.”
Rogers v. Tiffin Motor Homes, Inc. (S.D. Ala. 2025). “Code § 7–2–719(2) and § 7-2-715. However, Rogers has acknowledged that he is not seeking a double recovery under both his revocation claim and his breach of warranty claim and is only requesting diminution in value damages if the Court does not award revocation damages.”
Paulk v. Buccaneer Homes of Alabama, Inc., 722 So. 2d 171 (Ala. 1998). “) If a person seeks damages for personal injuries in a breach-of-warranty action, as authorized by Ala.Code 1975, § 7-2-715(2)(b), he is suing for damages for personal injuries.”
— Ala. Code § 7-2-715(2) — 2 cases
Shavers v. Massey-Ferguson, Inc., 834 F.2d 970 (11th Cir. 1987). “Ala.Code § 7-2-715(2) provides that "[c]onse-quential damages resulting from the seller’s breach include; (a) Any 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…”
Parker v. Exterior Restorations, Inc. (S.D. Ala. 2022). ““In a proper case any incidental and consequential damages under Section 7-2-715 may also be recovered.” Ala.”
— Ala. Code § 7-2-715(2)(b) — 3 cases
Sparks v. Total Body Essential Nutrition, Inc., 27 So. 3d 489 (Ala. 2009). “, § 7-2-715(2)(b), Ala.Code 1975 ("Consequential damages resulting from the seller's breach include: .”
Ex Parte Paulk, 722 So. 2d 171 (Ala. 1998). “) If a person seeks damages for personal injuries in a breach-of-warranty action, as authorized by Ala.Code 1975, § 7-2-715(2)(b), he is suing for damages for personal injuries.”
Paulk v. Buccaneer Homes of Alabama, Inc., 722 So. 2d 171 (Ala. 1998). “) If a person seeks damages for personal injuries in a breach-of-warranty action, as authorized by Ala.Code 1975, § 7-2-715(2)(b), he is suing for damages for personal injuries.”
— Ala. Code § 7-2-715(b) — 1 case
Johnco Materials, Inc. v. Conrad Yelvington Distributors, Inc., 542 F. Supp. 2d 1248 (M.D. Ala. 2008). “§ 7-2-715(b) (1975) ("Consequential damages resulting from the seller’s breach include: (a) Any 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.