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A. A breach of contract by the seller includes the seller’s wrongful failure to deliver or to perform a contractual obligation, making of a nonconforming tender of delivery or performance, and repudiation.

B. If the seller is in breach of contract under subsection (A) of this section, the buyer, to the extent provided for by this Act or other law, may:

1. In the case of rightful cancellation, rightful rejection, or justifiable revocation of acceptance, recover so much of the price as has been paid;

2. Deduct damages from any part of the price still due under 27A ONC § 2-717;

3. Cancel;

4. Cover and have damages under 27A ONC § 2-712 as to all goods affected whether or not they have been identified to the contract;

5. Recover damages for nondelivery or repudiation under 27A ONC § 2-713;

6. Recover damages for breach with regard to accepted goods or breach with regard to a remedial promise under 27A ONC § 2-714;

7. Recover identified goods under 27A ONC § 2-502;

8. Obtain specific performance or obtain the goods by replevin or similar remedy under 27A ONC § 2-716;

9. Recover liquidated damages under 27A ONC § 2-718;

10. In other cases, recover damages in any manner that is reasonable under the circumstances.

C. On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (27A ONC § 2-706). ONCA 13-23, eff. Sept. 24, 2013.