ORS 72.7120¹
  • buyer’s procurement of substitute goods

(1) After a breach within ORS 72.7110 (Buyer’s remedies in general) the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as defined in ORS 72.7150 (Buyer’s incidental and consequential damages), but less expenses saved in consequence of the seller’s breach.

(3) Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy. [1961 c.726 §72.7120 (“Cover”)]

Notes of Decisions

Since the “cover” remedy’s purpose is to provide certainty for calcula­tion of buyer’s loss-of-bargain, while also allowing buyer to attain needed goods, remedy is not intended to apply to rental. McGinnis v. Wentworth Chevrolet Co., 295 Or 494, 668 P2d 365 (1983)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors072.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano072.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information