Buyer’s incidental and consequential damages
Source:
Section 72.7150 — Buyer’s incidental and consequential damages, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Consequential damages can include lost profit. Melms v. Mitchell, 266 Or 208, 512 P2d 1336 (1973)
Where parties to purchase of agricultural insecticide knew about importance of bees for pollination of blueberries and maker of insecticide warranted it reasonably fit to use on blueberries if applied while bees were not visiting area, damage resulting from breach of warranty would be “consequential” and fall within maker’s exclusion, under warranty, for consequential damage. Duyck v. Northwest Chemical Corp., 94 Or App 111, 764 P2d 943 (1988), Sup Ct review denied
When, after seller’s breach, buyer is unable to cover by purchasing substitute goods and when it was reasonable for buyer not to bid on identical goods at higher price, buyer’s damages would not be reduced because of failure to mitigate damages by cover or otherwise. Calbag Metals Co. v. Guy F. Atkinson Co., 95 Or App 514, 770 P2d 600 (1989)
Law Review Citations
28 WLR 565 (1992)