Delaware Code
6 Del. C. § 2-712 (2026)
“Cover”; buyer’s procurement of substitute goods
✓ current as of May 2026
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(1) After a breach within the preceding section 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 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 or her from any other remedy.
5A Del. C. 1953, §§ 2-712; 55 Del. Laws, c. 349; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Taylor Corp. v. Georgia-Pac. Consum. Prods. LP (D. Minn. 2021).
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP (D. Minn. 2021). “” 6 Del. C. § 2-712(1). “Contracts which measure quantity by referring to the output of the seller or requirements of the buyer are valid in Delaware.”
6 Del. C. § 2-712(1): 1 case
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP (D. Minn. 2021). “” 6 Del. C. § 2-712(1). “Contracts which measure quantity by referring to the output of the seller or requirements of the buyer are valid in Delaware.”
6 Del. C. § 2-712(2): 1 case
Taylor Corp. v. Georgia-Pac. Consum. Prods. LP (D. Minn. 2021). “” 6 Del. C. § 2-712(1). “Contracts which measure quantity by referring to the output of the seller or requirements of the buyer are valid in Delaware.”
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