Okla. Stat. tit. 12A § 2-715

Current through Laws 2024, c. 453.

Section 2-715 - Buyer's Incidental and Consequential Damages

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property proximately resulting from any breach of warranty.

Okla. Stat. tit. 12A, § 2-715

Laws 1961 p. 99, § 2-715.

Oklahoma Code Comment

(1) Although the previous Oklahoma decisions have not gone quite as far as the Commercial Code provisions, it is apparent that previous Oklahoma law is in accord. First Nat. Bank of Ft. Gibson v. Goad, 187 Okl. 317, 102 P.2d 869 (1940); Western Silo Co. v. Cousins, 76 Okl. 154, 184 P. 92 (1919) (seller liable for a fair compensation for the loss from an effort in good faith to use the property for purpose for which it was purchased); Bishop-Babcock-Becker Co. v. Estes Drug Co., 63 Okl. 117, 163 P. 276 (1917) (loss of profits); Frick-Reid Supply Co. v. Aggers, 28 Okl. 425, 114 P. 622 (1911) (loss caused by shut down of plant); Robbins v. Trotter 203 Okl. 68, 217 P.2d 1027 (1950) (loss of use of combine which was not delivered on the contract date).

(2)(a) Previous Oklahoma law is in accord. See Robbins v. Trotter, supra; Lawton Refining Co. v. Hollister, 86 Okl. 13, 205 P. 506 (1922) (loss of profits); Southwest Ice & Dairy Products Co. v. Faulkenberry, 203 Okl. 279, 220 P.2d 257, 17 A.L.R.2d 1373 (1950) (loss of profits).

(b) Previous Oklahoma law is in accord. Cook v. Safeway Stores, Inc., Okl., 330 P.2d 375 (1958) (personal injury); Coyle v. Baum, 3 Okl. 695, 41 P. 389 (1895) (death of horses caused by eating poisonous oats).