Right of buyer to specific performance or replevin

Checkout our iOS App for a better way to browser and research.

§ 2716. Right of buyer to specific performance or replevin.

(a) Specific performance.--Specific performance may be decreed where the goods are unique or in other proper circumstances.

(b) Terms and conditions of decree.--The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(c) Replevin.--The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing, or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer's right of replevin vests upon acquisition of a special property even if the seller had not then repudiated or failed to deliver. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

2001 Amendment. Act 18 amended subsec. (c).

Cross References. Section 2716 is referred to in sections 2402, 2711 of this title.


Download our app to see the most-to-date content.