70A-2-716 - Buyer's right to specific performance or replevin.
70A-2-716. Buyer's right to specific performance or replevin.
(1) Specific performance may be decreed where the goods are unique or in other propercircumstances.
(2) The decree for specific performance may include such terms and conditions as topayment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right of replevin for goods identified to the contract if afterreasonable effort he is unable to effect cover for such goods or the circumstances reasonablyindicate that such effort will be unavailing or if the goods have been shipped under reservationand satisfaction of the security interest in them has been made or tendered. In the case of goodsbought for personal, family, or household purposes, the buyer's right of replevin vests uponacquisition of a special property, even if the seller had not then repudiated or failed to deliver.
Amended by Chapter 252, 2000 General Session