Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-715 (2026)

Buyer's incidental and consequential damages

✓ current as of May 2026

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(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. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-715, effective July 1, 1960.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1968–2021 · leading case: Nick's Auto Sales, Inc. v. Radcliff Auto Sales, Inc., 591 S.W.2d 709 (Ky. Ct. App. 1979).

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Nick's Auto Sales, Inc. v. Radcliff Auto Sales, Inc., 591 S.W.2d 709 (Ky. Ct. App. 1979). · cites it 3× “This is an appeal from a judgment of the Hardin Circuit Court wherein appellant’s demand for attorney’s fees in an action based on KRS 355.2-715 was denied. The sole issue on this appeal is whether attor *710 ney’s fees constitute a buyer’s incidental or consequential damage…”

Wahba v. Don Corlett Motors, Inc., 573 S.W.2d 357 (Ky. Ct. App. 1978). “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 355.2-715. In Beal v. General Motors Corp.”

Keck v. Wacker, 413 F. Supp. 1377 (E.D. Ky. 1976). “Pursuant to KRS 355.2-715, Mrs. Wacker shall recover expenses in connection with the insuring, care, custody, and preservation of the subject mare, from January 15, 1974, to date, and her allowable costs expended herein.”

Gooch v. E.I. Du Pont De Nemours & Co., 40 F. Supp. 2d 863 (W.D. Ky. 1999). “Consequential damages include those injuries 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 be reasonably prevented by cover or otherwise, KRS 355.2-715(2). Consequential damages…”

Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986). “2-712(2) and KRS 355.2-715. Furthermore, Conalco has not disputed the amount of the lower court’s damage award, so we accept its computation as accurate.”

Water Works & Indus. Supply Co. v. Wilburn, 437 S.W.2d 951 (Ky. Ct. App. 1968). “KRS 355.2-715. The appellant complains that the proof as to some of the items of damage claimed by Wilburn was not competent or sufficient; that the damage claims were exaggerated and inflated; and that the instructions gave the jury no guide or standard in measuring damages.”

Belcher v. Hamilton, 475 S.W.2d 483 (Ky. Ct. App. 1971). ““(3) In a proper case any incidental and consequential damages under KRS 355.2-715 may also be recovered.” The court instructed within the framework of the quoted statutory provision.”

Curtis Green D/B/A Green's Toyota of Lexington v. Phillip Frazier (Ky. Ct. App. 2021). “KRS 355.2-715. However, “[c]onsequential damages may be limited or excluded unless the limitation or exclusion is unconscionable.”

— Ky. Rev. Stat. § 355.2-715(2) — 2 cases

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