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26.512 Fraud and Deceit; Buyer's Consequential Damages
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Description
26.512 Fraud and Deceit; Buyer's Consequential Damages 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 the 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. "Cover," for the purpose of this lawsuit, means the right of the buyer, in good faith and without unreasonable delay, to buy or contract to buy goods that are a reasonable substitute for those claimed to be due from the seller. The measure of damages is the difference between the cost of the substitution purchase and the contract price, together with any incidental or consequential damages as they have been defined to you. O.C.G.A. §§11-2-712, 11-2-715