Tennessee Code Annotated
Tenn. Code Ann. § 47-2-712 (2026)
"Cover" - Buyer's procurement of substitute goods
✓ current as of May 2026
- (1) After a breach within the preceding section 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 (§ 47-2-715), 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.
Acts 1963, ch. 81, § 1 (2-712).
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: Duffy Tool & Stamping, Inc. v. Bosch Auto. Motor Sys., formerly known as BG Auto. Motors, Inc. (Tenn. Ct. App. 2000).
Duffy Tool & Stamping, Inc. v. Bosch Auto. Motor Sys., formerly known as BG Auto. Motors, Inc. (Tenn. Ct. App. 2000). “The cover remedy of Tenn. Code Ann. § 47-2-712 is one of the Uniform Commercial Code’s innova tions.”
— Tenn. Code Ann. § 47-2-712(1) — 1 case
Duffy Tool & Stamping, Inc. v. Bosch Auto. Motor Sys., formerly known as BG Auto. Motors, Inc. (Tenn. Ct. App. 2000). “The cover remedy of Tenn. Code Ann. § 47-2-712 is one of the Uniform Commercial Code’s innova tions.”
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