Section 72.7210 – Remedies for fraud.
Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy. [1961 c.726 §72.7210]
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 72.7020 – Seller’s remedies on discovery of buyer’s insolvency.
(1) Where the seller discovers the buyer to be insolvent the seller may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under ORS 72.7050. (2) Where the seller discovers that the buyer has received goods on credit while insolvent the seller may reclaim the goods […]
Section 72.7030 – Seller’s remedies in general.
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract as provided in ORS 72.6120, then also […]
Section 72.7040 – Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
(1) An aggrieved seller under ORS 72.7030 may: (a) Identify to the contract conforming goods not already identified if at the time the aggrieved seller learned of the breach they are in the possession or control of the aggrieved seller. (b) Treat as the subject of resale goods which have demonstrably been intended for the […]
Section 72.7050 – Seller’s stoppage of delivery in transit or otherwise.
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to be insolvent as provided in ORS 72.7020 and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails to make a […]
Section 72.7060 – Seller’s resale including contract for resale.
(1) Under the conditions stated in ORS 72.7030 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental […]
Section 72.7070 – “Person in the position of a seller.”
(1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of the principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller. (2) A person in […]