Section 72.8060 – Express warranty.
(1) A written statement arising out of a sale to the consumer of a consumer good pursuant to which statement the manufacturer, distributor or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance of the consumer good is […]
Section 72.7220 – Who can sue third parties for injury to goods.
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract: (1) A right of action against the third party is in either party to the contract for sale who has title to or a security interest or […]
Section 72.7230 – Proof of market price: time and place.
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation. (2) If […]
Section 72.7120 – “Cover”; buyer’s procurement of substitute goods.
(1) After a breach within ORS 72.7110 the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover from the seller as damages the difference between the cost of cover and […]
Section 72.7130 – Buyer’s damages for nondelivery or repudiation.
(1) Subject to the provisions of ORS 72.7230 with respect to proof of market price, the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided […]
Section 72.7140 – Buyer’s damages for breach in regard to accepted goods.
(1) Where the buyer has accepted goods and given notification as provided in ORS 72.6070 (3) the buyer 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 […]
Section 72.7150 – Buyer’s incidental and consequential damages.
(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. (2) Consequential damages resulting from the seller’s […]
Section 72.7160 – Buyer’s right to specific performance or replevin.
(1) A judgment requiring specific performance may be entered if the goods are unique or in other proper circumstances. (2) The judgment 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 […]
Section 72.7170 – Deduction of damages from the price.
The buyer on notifying the seller of the intention of the buyer to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract. [1961 c.726 §72.7170]
Section 72.7180 – Liquidation or limitation of damages; deposits.
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably […]