GA Code § 11-2-714 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

  Where the buyer has accepted goods and given notification (subsection (3) of Code Section 11-2-607) he 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.   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.   In a proper case any incidental and consequential damages under Code Section 11-2-715 may also be recovered.    (Code 1933, § 109A-2 - 714, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article comparing consumer remedies under the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) and the U.C.C., see 27 Mercer L. Rev. 1111 (1976). For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973). For comment on Felder v. Neeves, 36 Ga. App. 41, 135 S.E. 219 (1926), see 1 Ga. L. Rev. No. 1 P. 51 (1927). For comment, "Damage Awards and Computer Systems - Trends," see 35 Emory L.J. 255 (1986).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Breach of Warranty   Consequential Damages    RESEARCH REFERENCES   Am. Jur. 2d.   - 63 Am. Jur. 2d, Products Liability, §§ 217, 218. 63B Am. Jur. 2d, Products Liability, §§ 1881, 1883, 1931, 1932. 67A Am. Jur. 2d, Sales, §§ 1297-1309.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:747.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-714.   ALR.    - Right of dealer against his vendor in case of breach of warranty as to article purchased for resale and resold, 64 A.L.R. 883.    Acceptance after agreed time of delivery as waiver of damages on account of seller's delay, 80 A.L.R. 322.    Rights of parties to conditional sale as affected by breach of warranty, 130 A.L.R. 753.    Buyer's acceptance of part of goods as affecting right to damages for failure to complete delivery, 169 A.L.R. 595.   Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 A.L.R.2d 1273.   Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.   Measure and elements of buyer's recovery upon revocation of acceptance of goods under UCC § 2-608(1), 65 A.L.R.3d 388.   Elements and measure of damages for breach of warranty in sale of horse, 91 A.L.R.3d 419.   Measure of damages in action for breach of warranty of title to personal property under UCC § 2-714, 94 A.L.R.3d 583.   Modern status of rule as to whether const of correction or difference in value of structures is proper measure of damages for breach of construction contract, 41 A.L.R.4th 131.