Section 45.02.711. Buyer's remedies in general; buyer's security interest in rejected goods.

   (a) If the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then, with respect to goods involved and with respect to the whole if the breach goes to the whole contract (AS 45.02.612), the buyer may cancel and, whether or not the buyer has done so, may, in addition to recovering so much of the price as has been paid,
        (1) "cover" and have damages under AS 45.02.712 as to all the goods affected, whether or not they have been identified to the contract; or
        (2) recover damages for nondelivery as provided in AS 45.02.713.
   (b) If the seller fails to deliver or repudiates, the buyer may also
        (1) if the goods have been identified, recover them as provided in AS 45.02.502; or
        (2) in a proper case obtain specific performance or replevy the goods as provided in AS 45.02.716.
   (c) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in the possession or control of the buyer for payments made on their price and expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold the goods and resell them in like manner as an aggrieved seller (AS 45.02.706).

Authorities

45.02.602;45.02.603;45.02.706;45.02.712;45.29.325

Notes

References

AS 45.02.602 Manner and effect of rightful rejection.
AS 45.02.603 Merchant buyer's duties as to rightfully rejected goods.
AS 45.02.706 Seller's resale including contract for resale.
AS 45.02.712 "Cover"; buyer's procurement of substitute goods.
AS 45.29.325 Priority of security interests in transferred collateral.

History

(Sec. 2.711 ch 114 SLA 1962)