47-2711. Buyer's remedies in general; buyer's
security interest in rejected goods
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 (section 47-2612), 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 47-2712 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 this chapter (section 47-2713).
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 this chapter
(section 47-2502); or
2. In a proper case obtain specific performance or replevy the goods as provided in
this chapter (section 47-2716).
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 (section 47-2706).
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