Colorado Revised Statutes
Colo. Rev. Stat. § 4-2-710 (2026)
Seller's incidental damages
✓ current as of July 2026
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Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the buyer's breach, in connection with return or resale of the goods, or otherwise resulting from the breach.
Source: L. 65: p. 1339, § 1. C.R.S. 1963: § 155-2-710.
Notes of Decisions
Cited in 3
cases, 1986–1990 · leading case: Jelen & Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990).
Jelen & Son, Inc. v. Bandimere, 801 P.2d 1182 (Colo. 1990). “We granted certiorari to determine whether a seller of hazardous chemicals may recover incidental damages for hazardous material clean-up resulting from a spill of the chemicals during delivery but *1183 prior to the buyer’s rejection under section 4-2-710, 2 C.R.S. (1973), when…”
Murray Equip. Co. v. Curtis, Inc., 725 P.2d 35 (Colo. Ct. App. 1986). “Curtis argues such award is not sustainable because Murray failed to provide any evidence that this charge was a “commercially reasonable” incidental expense within the meaning of § 4-2-710, C.R.S. Again, we disagree. The jury could have concluded that Frazier’s charge to Murray…”
Great W. Sugar Co. v. Pennant Prods., Inc., 748 P.2d 1359 (Colo. Ct. App. 1987). “Section 4-2-709(1) provides that: “When the buyer fails to pay the price as it becomes due, seller may recover, together with any incidental damages under § 4-2-710, the price: [[Image here]] (b) Of goods identified to the contract if the seller is unable after a reasonable…”
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