Montana Code Annotated

Mont. Code Ann. § 30-2-714 (2026)

Buyer's Damages For Breach In Regard To Accepted Goods

✓ current as of May 2026

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TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 7. Remedies

Buyer's Damages For Breach In Regard To Accepted Goods

30-2-714. Buyer's damages for breach in regard to accepted goods. (1) Where the buyer has accepted goods and given notification (subsection (3) of 30-2-607) the buyer 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 the next section may also be recovered.

History: En. Sec. 2-714, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-714; amd. Sec. 881, Ch. 56, L. 2009.

Notes of Decisions

Cited in 5 cases, 1982–2018 · leading case: In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018).

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In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018). · cites it 2× “18, 2014) (citing Mont. Code Ann. § 30-2-714 (2) and noting that "[t]he 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"),…”

Webcor Elec., Inc. v. Home Elec., Inc., 754 P.2d 491 (Mont. 1988). · cites it 6× “The proposed instructions would have advised the jury when an agreement could arise by performance, Section 30-2-206, MCA, when additional terms become part of the contract, Section 30-2-207, MCA, and what damages a buyer may recover for nonconforming goods, Section 30-2-714,…”

Fire Supply & Serv., Inc. v. Chico Hot Springs, 639 P.2d 1160 (Mont. 1982). · cites it 3× “Section 30-2-714, MCA. Chico Hot Springs prayed for the return of all monies it had expended under the agreement ($5,526), and the trial court awarded it that amount.”

Meland v. Intermountain Sys., Inc., 712 P.2d 1295 (Mont. 1985). · cites it 9× “Section 30-2-714(1), MCA. The notification required by this section is that contained in Section 30-2-607(3), MCA.”

Nelson v. Davis Modern Mach., 715 P.2d 1052 (Mont. 1986). · cites it 9× “The UCC classifies buyer’s remedies conceptually on the basis of whether (1) the buyer has rejected or revoked acceptance of the goods, Section 30-2-711, MCA; or (2) the buyer has accepted goods which do not conform to the contract, Section 30-2-714, MCA. As such, different…”

— Mont. Code Ann. § 30-2-714(1) — 1 case

Meland v. Intermountain Sys., Inc., 712 P.2d 1295 (Mont. 1985). “Section 30-2-714(1), MCA. The notification required by this section is that contained in Section 30-2-607(3), MCA.”

— Mont. Code Ann. § 30-2-714(2) — 1 case

Nelson v. Davis Modern Mach., 715 P.2d 1052 (Mont. 1986). “The UCC classifies buyer’s remedies conceptually on the basis of whether (1) the buyer has rejected or revoked acceptance of the goods, Section 30-2-711, MCA; or (2) the buyer has accepted goods which do not conform to the contract, Section 30-2-714, MCA. As such, different…”

— Mont. Code Ann. § 30-2-714(3) — 1 case

Meland v. Intermountain Sys., Inc., 712 P.2d 1295 (Mont. 1985). “Section 30-2-714(1), MCA. The notification required by this section is that contained in Section 30-2-607(3), MCA.”

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