Delaware Code
6 Del. C. § 2-715 (2026)
Buyer’s incidental and consequential damages
✓ current as of May 2026
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(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.
5A Del. C. 1953, §§ 2-715; 55 Del. Laws, c. 349.;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: Banks v. EIDP, Inc. (D. Del. 2022).
Banks v. EIDP, Inc. (D. Del. 2022). “” 6 Del. Code § 2-715. In other words, the statute itself makes clear that it doesn’t matter for purposes of the limitations period that Plaintiffs lacked knowledge of the breach, whether because of Defendants’ fraudulent concealment or otherwise.”
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