Buyer’s remedies in general
- buyer’s security interest in rejected goods
(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 (“Installment contract”), 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 (“Cover”) 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 (Buyer’s damages for nondelivery or repudiation).
(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 (Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency); or
(b)In a proper case obtain specific performance or replevy the goods as provided in ORS 72.7160 (Buyer’s right to specific performance or replevin).
(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 (Seller’s resale including contract for resale). [1961 c.726 §72.7110 (Buyer’s remedies in general)]
Law Review Citations
53 OLR 468-473 (1974); 58 OLR 545 (1980)