1. Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 554.2612), the buyer may cancel and whether or not the buyer has done so may in addition to recovering so much of the price as has been paid:
a. “cover” and have damages under section 554.2712 as to all the goods affected whether or not they have been identified to the contract; or
b. recover damages for nondelivery as provided in this Article (section 554.2713).
2. Where the seller fails to deliver or repudiates the buyer may also:
a. if the goods have been identified recover them as provided in this Article (section 554.2502); or
b. in a proper case obtain specific performance or replevy the goods as provided in this Article (section 554.2716).
3. On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in the buyer’s possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 554.2706). [C24, 27, 31, 35, 39, §9998; C46, 50, 54, 58, 62, §554.70; C66, 71, 73, 75, 77, 79, 81, §554.2711] 2008 Acts, ch 1032, §76 Referred to in §554.2602, 554.2603, 554.2610, 554.2706, 554.2712, 554.9102, 554.9109, 554.9110, 554.9309, 554.9325 \n
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1970–2026 · leading case:
Nachazel v. Miraco Mfg., 432 N.W.2d 158 (Iowa 1988).
Nachazel v. Miraco Mfg., 432 N.W.2d 158 (Iowa 1988).
· cites it 5× “The court awarded consequential damages, including interest on the purchase price, after determining that the interest expense was foreseeable.”
W & W Livestock Enter., Inc. v. Dennler, 179 N.W.2d 484 (Iowa 1970).
· cites it 2× “Under section 554.2711, Code of 1966, the purchaser could retain the pigs and also collect damages for the breach if he showed the pigs were not as warranted, were diseased when delivered to him, and that he properly cared for and administered to the animals in an effort to save…”
Shinrone, Inc. v. Tasco, Inc., 283 N.W.2d 280 (Iowa 1979).
“§ 554.2711(1). The buyer may recover from the seller as damages the difference between the *285 cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 554.”
Cargill, Inc. v. Fickbohm, 252 N.W.2d 739 (Iowa 1977).
· cites it 2× “A buyer’s usual remedy for nondelivery is set forth in § 554.2711(1) of the Uniform Commercial Code, which provides in pertinent part: Where the seller fails to make delivery .”
Hayes v. Hettinga, 228 N.W.2d 181 (Iowa 1975).
· cites it 2× “2602; and, finally, as to the counterclaim, that the trial court improperly applied § 554.2711 in assessing defendant’s damages.”
— Iowa Code § 554.2711(1) — 2 cases
Shinrone, Inc. v. Tasco, Inc., 283 N.W.2d 280 (Iowa 1979).
“§ 554.2711(1). The buyer may recover from the seller as damages the difference between the *285 cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 554.”
Cargill, Inc. v. Fickbohm, 252 N.W.2d 739 (Iowa 1977).
“A buyer’s usual remedy for nondelivery is set forth in § 554.2711(1) of the Uniform Commercial Code, which provides in pertinent part: Where the seller fails to make delivery .”
— Iowa Code § 554.2711(1)(a) — 1 case
— Iowa Code § 554.2711(1)(b) — 1 case
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.