2017 ORS 72.7150¹
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. [1961 c.726 §72.7150 (Buyer’s incidental and consequential damages)]

Notes of Decisions

Consequential damages can include lost profit. Melms v. Mitchell, 266 Or 208, 512 P2d 1336 (1973)

Where parties to purchase of agricultural insect­i­cide knew about importance of bees for pollina­tion of blueberries and maker of insect­i­cide warranted it reasonably fit to use on blueberries if applied while bees were not visiting area, damage resulting from breach of warranty would be “consequential” and fall within maker’s exclusion, under warranty, for consequential damage. Duyck v. Northwest Chemical Corp., 94 Or App 111, 764 P2d 943 (1988), Sup Ct review denied

When, after seller’s breach, buyer is unable to cover by purchasing substitute goods and when it was reasonable for buyer not to bid on identical goods at higher price, buyer’s damages would not be reduced because of failure to mitigate damages by cover or otherwise. Calbag Metals Co. v. Guy F. Atkinson Co., 95 Or App 514, 770 P2d 600 (1989)

Law Review Cita­tions

28 WLR 565 (1992)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano072.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.