41-02-91. (2-712) Cover - Buyer's procurement of substitute goods.
100 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-91·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. After a breach within section 41-02-90, 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 the contract price together with any incidental or consequential damages as
hereinafter defined (section 41-02-94), but less expenses saved in consequence of the
seller's breach.
3. Failure of the buyer to effect cover within this section does not bar the buyer from any
other remedy.