California Commercial Code

§ 2714

COM § 2714 Effective Jan 1, 1996Div. 2 · Ch. 7

Statute text

(1)Where the buyer has accepted goods and given notification (subdivision (3) of Section 2607) he or she 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 that 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 Section 2715 also may be recovered.

Legislative history

Amended by Stats. 1995, Ch. 91, Sec. 21. Effective January 1, 1996.