Section 1302.85 | Buyer's remedies in general - buyer's security interest in rejected goods - UCC 2-711.
(A) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract, as provided in section 1302.70 of the Revised Code, the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid:
(1) "cover" and have damages under section 1302.86 of the Revised Code as to all the goods affected whether or not they have been identified to the contract; or
(2) recover damages for non-delivery as provided in section 1302.87 of the Revised Code.
(B) Where the seller fails to deliver or repudiates the buyer may also:
(1) if the goods have been identified recover them as provided in section 1302.46 of the Revised Code; or
(2) in a proper case obtain specific performance or replevy the goods as provided in section 1302.90 of the Revised Code.
(C) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold such goods and resell them in like manner as an aggrieved seller as provided in section 1302.80 of the Revised Code.
Available Versions of this Section
- July 1, 1962 – Senate Bill 5 - 104th General Assembly [ View July 1, 1962 Version ]