Section 400.2-715

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963   

  400.2-715.  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.

­­--------

(L. 1963 p. 503 § 2-715)

(1981) Recovery for economic loss resulting from manufacture and sale of unmerchantable product is limited to damages proximately caused by defective product, and buyer has obligation to mitigate damages. Groppel Co., Inc. v. U.S.  Gypsum Co. (A.), 616 S.W.2d 49.