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Illinois Compiled Statutes

810 ILCS 5/2-712 (2026)

"Cover"; buyer's procurement of substitute goods

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(810 ILCS 5/2-712) (from Ch. 26, par. 2-712)
    Sec. 2-712. "Cover"; buyer's procurement of substitute goods.
    (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 from any other remedy.
(Source: Laws 1961, p. 2101.)

    
Notes of Decisions
Cited in 6 cases, 1998–2013 · leading case: Terrance Golden v. Gorno Bros., Inc., D/B/A Gorno Ford, 410 F.3d 879 (6th Cir. 2005).
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Terrance Golden v. Gorno Bros., Inc., D/B/A Gorno Ford, 410 F.3d 879 (6th Cir. 2005). · cites it 2× “3d at 957 (citing Illinois's version of Uniform Commercial Code 2-712(1), enacted as 810 ILCS 5/2-712(1)). Because the Seventh Circuit's formula bases the amount in controversy only on "cover" damages, I believe it fails to account for the full scope of relief available to…”
Catherine Gardynski-Leschuck v. Ford Motor Co., 142 F.3d 955 (7th Cir. 1998). “See § 2-712(1) of the Uniform Commercial Code, which Illinois has enacted at 810 ILCS 5/2-712(1). But the cost of cover would be the maximum award.”
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “810 ILCS 5/2-712(1) (West 2010). Cover, moreover, is not a mandatory remedy for the buyer, who is always free to choose between cover and damages for the nondelivery.”
Vill. of Deerfield v. Commonwealth Edison Co., 929 N.E.2d 1 (Ill. App. Ct. 2010). “See 810 ILCS 5/2-712(1), (2) (West 2008) ("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"; the buyer…”
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “810 ILCS 5/2-712(1) (West 2010). Cover, moreover, is not a mandatory remedy for the buyer, who is always free to choose between cover and damages for the nondelivery.”
Golden v. Gorno Bros (6th Cir. 2005). “3d at 957 (citing Illinois’s version of Uniform Commercial Code § 2-712(1), enacted as 810 ILCS 5/2-712(1)). Because the Seventh Circuit’s formula bases the amount in controversy only on “cover” damages, I believe it fails to account for the full scope of relief available to…”
— 810 ILCS 5/2-712(1) — 6 cases
Terrance Golden v. Gorno Bros., Inc., D/B/A Gorno Ford, 410 F.3d 879 (6th Cir. 2005). “3d at 957 (citing Illinois's version of Uniform Commercial Code 2-712(1), enacted as 810 ILCS 5/2-712(1)). Because the Seventh Circuit's formula bases the amount in controversy only on "cover" damages, I believe it fails to account for the full scope of relief available to…”
Catherine Gardynski-Leschuck v. Ford Motor Co., 142 F.3d 955 (7th Cir. 1998). “See § 2-712(1) of the Uniform Commercial Code, which Illinois has enacted at 810 ILCS 5/2-712(1). But the cost of cover would be the maximum award.”
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “810 ILCS 5/2-712(1) (West 2010). Cover, moreover, is not a mandatory remedy for the buyer, who is always free to choose between cover and damages for the nondelivery.”
Vill. of Deerfield v. Commonwealth Edison Co., 929 N.E.2d 1 (Ill. App. Ct. 2010). “See 810 ILCS 5/2-712(1), (2) (West 2008) ("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"; the buyer…”
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “810 ILCS 5/2-712(1) (West 2010). Cover, moreover, is not a mandatory remedy for the buyer, who is always free to choose between cover and damages for the nondelivery.”
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