ORS 72.7140¹
Buyer’s damages for breach in regard to accepted goods

(1) Where the buyer has accepted goods and given notification as provided in ORS 72.6070 (Effect of acceptance) (3) the buyer 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.

(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 ORS 72.7150 (Buyer’s incidental and consequential damages) may also be recovered. [1961 c.726 §72.7140 (Buyer’s damages for breach in regard to accepted goods)]

Notes of Decisions

Where buyer accepted defective carpeting and brought ac­tion for breach of warranty, measure of damages was difference between value of carpeting as warranted and value as installed; evidence of replace­ment cost was relevant to es­tab­lish difference in value; purchase price of carpeting was evidence of value as warranted, and delay in replace­ment caused by negotia­tions between buyer and seller constituted “special circumstances” under this sec­tion. Vista St. Clair v. Landry’s Commercial Furnishings, 57 Or App 254, 643 P2d 1378 (1982)

Buyer who revokes acceptance of goods is not buyer who “has accepted goods” for purposes of recovery for breach of warranty. Kelly v. Olinger Travel Homes, Inc., 200 Or App 635, 117 P3d 282 (2005), Sup Ct review denied

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