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. [C24, 27, 31, 35, 39, §9998, 9999; C46, 50, 54, 58, 62, §554.70, 554.71; C66, 71, 73, 75, 77, 79, 81, §554.2715] Referred to in §554.2712, 554.2713, 554.2714 \n
Notes of Decisions
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
· cites it 6× “On the other hand, “consequential economic loss” is defined in Iowa Code § 554.2715 (2) as (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…”
Beyond the Garden Gate, Inc. v. Northstar Freeze-Dry Mfg., Inc., 526 N.W.2d 305 (Iowa 1995).
· cites it 4× “Incidental and consequential damages are covered in Iowa Code section 554.2715: (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…”
Shinrone, Inc. v. Tasco, Inc., 283 N.W.2d 280 (Iowa 1979).
· cites it 3× “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 554.2715), but less expenses saved in consequence of the seller’s breach.”
Carson v. Mulnix, 263 N.W.2d 701 (Iowa 1978).
· cites it 2× “2723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (section…”
W & W Livestock Enter., Inc. v. Dennler, 179 N.W.2d 484 (Iowa 1970).
· cites it 2× “70 (7) : ‘In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if…”
Winter v. Honeggers'& Co., Inc., 215 N.W.2d 316 (Iowa 1974).
· cites it 2× “” Section 554.2715(2)b — “Consequential damages resulting from the seller’s breach include * * * b.”
Cargill, Inc. v. Fickbohm, 252 N.W.2d 739 (Iowa 1977).
· cites it 3× “2713(1), a buyer’s usual measure of damages for nondelivery is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (section 554.2715), but…”
Kanzmeier v. McCoppin, 398 N.W.2d 826 (Iowa 1987).
· cites it 2× “Iowa Code § 554.2715 (2)(a). See also Cargill, Inc.”
— Iowa Code § 554.2715(1) — 1 case
— Iowa Code § 554.2715(2) — 4 cases
Beyond the Garden Gate, Inc. v. Northstar Freeze-Dry Mfg., Inc., 526 N.W.2d 305 (Iowa 1995).
“Incidental and consequential damages are covered in Iowa Code section 554.2715: (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…”
Winter v. Honeggers'& Co., Inc., 215 N.W.2d 316 (Iowa 1974).
“” Section 554.2715(2)b — “Consequential damages resulting from the seller’s breach include * * * b.”
Shinrone, Inc. v. Tasco, Inc., 283 N.W.2d 280 (Iowa 1979).
“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 554.2715), but less expenses saved in consequence of the seller’s breach.”
— Iowa Code § 554.2715(2)(a) — 1 case
Cargill, Inc. v. Fickbohm, 252 N.W.2d 739 (Iowa 1977).
“2713(1), a buyer’s usual measure of damages for nondelivery is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (section 554.2715), but…”
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