§490:2-716 - Buyer's right to specific performance or replevin.
§490:2-716 Buyer's right to specific
performance or replevin. (1) Specific performance may be decreed where
the goods are unique or in other proper circumstances.
(2) The decree for specific performance may
include such terms and conditions as to payment of the price, damages, or other
relief as the court may deem just.
(3) The buyer has a right of replevin for
goods identified to the contract if after reasonable effort the buyer is unable
to effect cover for such goods or the circumstances reasonably indicate that
such effort will be unavailing or if the goods have been shipped under
reservation and satisfaction of the security interest in them has been made or
tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special
property, even if the seller had not then repudiated or failed to deliver. [L
1965, c 208, §2-716; HRS §490:2-716; am L 2000, c 241, §15]