Final answer:
For a nonbreaching buyer under the UCC, remedy options include cover, market price damages, specific performance, replevin, and incidental and consequential damages to ensure the buyer is compensated for the seller's breach of contract.
Step-by-step explanation:
The remedy options available to a nonbreaching buyer under the Uniform Commercial Code (UCC) include:
- Cover: The buyer can purchase substitute goods and recover the difference between the cost of cover and the original contract price, along with any incidental or consequential damages.
- Market Price Damages: If the buyer does not cover, he or she may recover damages based on the difference between the market price at the time of delivery and the contract price, plus incidental and consequential damages.
- Specific Performance: In situations where the goods are unique or when other appropriate circumstances are present, the buyer may seek a court order requiring the seller to perform as promised under the contract.
- Replevin: This remedy allows the buyer to recover goods that are identified to the contract if the seller has failed to deliver and a cover is not adequate to meet the buyer's needs.
- Incidental and Consequential Damages: The buyer can recover these additional costs caused directly and indirectly by the seller's breach.
Note that the buyer must act in good faith and in a reasonable manner when seeking remedies. These options are designed to put the nonbreaching buyer in as good a position as would have been the case if the seller had fulfilled the contract.