§490:2-714 - Buyer's damages for breach in regard to accepted goods.
§490:2-714 Buyer's damages for breach in
regard to accepted goods. (1) Where the buyer has accepted goods and
given notification (subsection (3) of section 490:2-607) he may recover as
damages for any nonconformity of tender the loss resulting in the ordinary
course of events from the seller's breach as determined in any manner which is
reasonable.
(2) 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.
(3) In a proper case any incidental and
consequential damages under the next section may also be recovered. [L 1965, c
208, §2-714; HRS §490:2-714]