Section 1302.88 | Buyer's damages for breach in regard to accepted goods - UCC 2-714.
(A) Where the buyer has accepted goods and given notification as provided in division (C) of section 1302.65 of the Revised Code, he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.
(B) 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.
(C) In a proper case any incidental and consequential damages under section 1302.89 of the Revised Code may also be recovered.
Available Versions of this Section
- July 1, 1962 – Senate Bill 5, 104th General Assembly [ View July 1, 1962 Version ]