Indiana Code
Ind. Code § 26-1-2-714 (2026)
Buyer's damages for breach in regard to accepted goods
✓ current as of May 2026
Sec. 714. (1) Where the buyer has accepted goods and given notification (IC 26-1-2-607(3)), he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(2) The measure of damages 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.
(3) In a proper case any incidental and consequential damages under IC 26-1-2-715 may also be recovered.
Formerly: Acts 1963, c.317, s.2-714. As amended by P.L.152-1986, SEC.172.
Notes of Decisions
Cited in 30
cases (10 in the last 5 years), 1983–2025 · leading case: Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 746 N.E.2d 941 (Ind. 2001).
Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 746 N.E.2d 941 (Ind. 2001). “The parties also characterize the repair costs as a form of direct damages. A buyer's remedy for breach of warranty is typically the difference between the goods as warranted and the goods as accepted.”
Hyundai Motor Am., Inc. v. Goodin, 822 N.E.2d 947 (Ind. 2005). “The remedy for breach of implied warranty of merchantability is in most cases, including this one, the difference between "the value of the goods accepted and the value they would have had if they had been as warranted.”
Cimino v. Fleetwood Enter., Inc., 542 F. Supp. 2d 869 (N.D. Ind. 2008). “Because the Plaintiffs accepted the motor home, Ind.Code § 26-1-2-714 provides available remedies for a breach of the limited warranties.”
Irmscher Suppliers, Inc. v. Schuler, 909 N.E.2d 1040 (Ind. Ct. App. 2009). “Indiana Code § 26-1-2-714 governs damages where the buyer has not rejected the goods or revoked acceptance 5 and provides: (1) Where the buyer has accepted goods and given notification (IC 26-1-2-607(3)), he may recover as damages for any nonconformity of tender the loss…”
Guideone Ins. Co. v. U.S. Water Sys., Inc., 950 N.E.2d 1236 (Ind. Ct. App. 2011). “Indiana Code § 26-1-2-714(3). 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…”
Don Medow Motors, Inc. v. Grauman, 446 N.E.2d 651 (Ind. Ct. App. 1983). “[3] Ind. Code 26-1-2-714(2) (Burns Code Ed. 1974) provides: "(2) The measure of damages 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…”
Carpetland U.S.A. v. Payne, 536 N.E.2d 306 (Ind. Ct. App. 1989). “Indiana Code section 26-1-2-714(2) provides: “The measure of damages 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…”
Lester Schroeder & Viola Schroeder v. Barth, Inc., 969 F.2d 421 (7th Cir. 1992). “” Ind.Code § 26-1-2-714(2). The alternative methods to calculate those damages, set out in Michiana Mack, Inc.”
Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 714 N.E.2d 1218 (Ind. Ct. App. 1999). “Ind.Code § 26-1-2-714 governs a buyer’s damages for breach in regard to accepted goods and provides: (1) Where the buyer has accepted goods and given notification .”
GMBH v. Porter, Inc., 338 F. Supp. 3d 905 (N.D. Ind. 2018). “See Ind. Code § 26-1-2-714 . There are four measures of damages for breach of warranty under the Indiana Code: (1) the cost of repair .”
B & B Paint Corp. v. Shrock Mfg., Inc., 568 N.E.2d 1017 (Ind. Ct. App. 1991). “As Shrock notes, much of the decline in breach of warranty cases under the UCC can be attributed to the fact that in many cases it is easier for a plaintiff to bring a cause of action against a manufacturer under the more recent Product Liability Act since privity of contract…”
Alexin, LLC v. Olympic Metals, LLC, 53 N.E.3d 1184 (Ind. Ct. App. 2016). “Code] § 26-1-2-714(1). A buyer may also seek to recover incidental and consequential damages.”
Ind. Code § 26-1-2-714(1): 3 cases
Alexin, LLC v. Olympic Metals, LLC, 53 N.E.3d 1184 (Ind. Ct. App. 2016). “Code] § 26-1-2-714(1). A buyer may also seek to recover incidental and consequential damages.”
Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc (N.D. Ind. 2023).
Sweetwater Marine, LLC v. Am. Com. Barge Line, LLC (S.D. Ind. 2023).
Ind. Code § 26-1-2-714(2): 9 cases
Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 746 N.E.2d 941 (Ind. 2001). “The parties also characterize the repair costs as a form of direct damages. A buyer's remedy for breach of warranty is typically the difference between the goods as warranted and the goods as accepted.”
Hyundai Motor Am., Inc. v. Goodin, 822 N.E.2d 947 (Ind. 2005). “The remedy for breach of implied warranty of merchantability is in most cases, including this one, the difference between "the value of the goods accepted and the value they would have had if they had been as warranted.”
Cimino v. Fleetwood Enter., Inc., 542 F. Supp. 2d 869 (N.D. Ind. 2008). “Because the Plaintiffs accepted the motor home, Ind.Code § 26-1-2-714 provides available remedies for a breach of the limited warranties.”
Don Medow Motors, Inc. v. Grauman, 446 N.E.2d 651 (Ind. Ct. App. 1983). “[3] Ind. Code 26-1-2-714(2) (Burns Code Ed. 1974) provides: "(2) The measure of damages 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…”
Carpetland U.S.A. v. Payne, 536 N.E.2d 306 (Ind. Ct. App. 1989). “Indiana Code section 26-1-2-714(2) provides: “The measure of damages 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…”
Ind. Code § 26-1-2-714(3): 3 cases
Guideone Ins. Co. v. U.S. Water Sys., Inc., 950 N.E.2d 1236 (Ind. Ct. App. 2011). “Indiana Code § 26-1-2-714(3). 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…”
Alexin, LLC v. Olympic Metals, LLC, 53 N.E.3d 1184 (Ind. Ct. App. 2016). “Code] § 26-1-2-714(1). A buyer may also seek to recover incidental and consequential damages.”
Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc (N.D. Ind. 2023).
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.