8.2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.
§ 8.2-711. Buyer's remedies in general; buyer's security interest in rejectedgoods.
(1) Where the seller fails to make delivery or repudiates or the buyerrightfully rejects or justifiably revokes acceptance then with respect to anygoods involved, and with respect to the whole if the breach goes to the wholecontract (§ 8.2-612), the buyer may cancel and whether or not he has done somay in addition to recovering so much of the price as has been paid
(a) "cover" and have damages under the next section [§ 8.2-712] as to allthe goods affected whether or not they have been identified to the contract;or
(b) recover damages for nondelivery as provided in this title (§ 8.2-713).
(2) Where the seller fails to deliver or repudiates the buyer may also
(a) if the goods have been identified recover them as provided in this title(§ 8.2-502); or
(b) in a proper case obtain specific performance or replevy the goods asprovided in this title (§ 8.2-716).
(3) On rightful rejection or justifiable revocation of acceptance a buyer hasa security interest in goods in his possession or control for any paymentsmade on their price and any expenses reasonably incurred in their inspection,receipt, transportation, care and custody and may hold such goods and resellthem in like manner as an aggrieved seller (§ 8.2-706).
(1964, c. 219.)