Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-712 (2026)

"Cover" -- Buyer's procurement of substitute goods

✓ current as of May 2026
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(1) After a breach within KRS 355.2-711 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 (KRS 355.2-715), 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. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-712, effective July 1, 1960.

Notes of Decisions
Cited in 3 cases, 1978–1986 · leading case: Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986).
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Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986). · cites it 4× “KRS 355.2-712 states “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.”
Wahba v. Don Corlett Motors, Inc., 573 S.W.2d 357 (Ky. Ct. App. 1978). “KRS 355.2-712. KRS 355.2-715(2) states that consequential damages include “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.”
Ford Motor Co. v. Mayes, 575 S.W.2d 480 (Ky. Ct. App. 1978). “KRS 355.2-712. If the buyer does not revoke acceptance, he is entitled to damages under KRS 355.”
— Ky. Rev. Stat. § 355.2-712(1) — 1 case
Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986). “KRS 355.2-712 states “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.”
— Ky. Rev. Stat. § 355.2-712(2) — 1 case
Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986). “KRS 355.2-712 states “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.”
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