Buyer’s damages for breach in regard to accepted goods
Source:
Section 72.7140 — Buyer’s damages for breach in regard to accepted goods, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Where buyer accepted defective carpeting and brought action for breach of warranty, measure of damages was difference between value of carpeting as warranted and value as installed; evidence of replacement cost was relevant to establish difference in value; purchase price of carpeting was evidence of value as warranted, and delay in replacement caused by negotiations between buyer and seller constituted “special circumstances” under this section. Vista St. Clair v. Landry’s Commercial Furnishings, 57 Or App 254, 643 P2d 1378 (1982)
Buyer who revokes acceptance of goods is not buyer who “has accepted goods” for purposes of recovery for breach of warranty. Kelly v. Olinger Travel Homes, Inc., 200 Or App 635, 117 P3d 282 (2005), Sup Ct review denied