(1) 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 as provided in ORS 72.6120, 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:
(a) “Cover” and have damages under ORS 72.7120 as to all the goods affected whether or not they have been identified to the contract; or
(b) Recover damages for nondelivery as provided in ORS 72.7130.
(2) Where the seller fails to deliver or repudiates the buyer may also:
(a) If the goods have been identified recover them as provided in ORS 72.5020; or
(b) In a proper case obtain specific performance or replevy the goods as provided in ORS 72.7160.
(3) 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 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 as provided in ORS 72.7060. [1961 c.726 §72.7110]
Section: Previous 72.7040 72.7050 72.7060 72.7070 72.7080 72.7090 72.7100 72.7110 72.7120 72.7130 72.7140 72.7150 72.7160 72.7170 72.7180 NextLast modified: August 7, 2008