Utah Code 70A-2-714. Buyer’s damages for breach in regard to accepted goods
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(1) Where the buyer has accepted goods and given notification (Subsection (3) of Section 70A-2-607 ) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller‘s breach as determined in any manner which is reasonable.
Terms Used In Utah Code 70A-2-714
- Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
- Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.