Wis. Stat. § 402.715

Current through Acts 2023-2024, ch. 272

Section 402.715 - Buyer's incidental and consequential damages

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) 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 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.

Wis. Stat. § 402.715

Litigation expenses are not recoverable under this section. Murray v. Holiday Rambler, Inc., 83 Wis. 2d 406, 265 N.W.2d 513 (1978). Interest charges are proper incidental damages. A punitive damages award was upheld. Owens v. Meyer Sales Co., Inc., 129 Wis. 2d 491, 385 N.W.2d 234 (Ct. App. 1986). The economic loss doctrine, when it applies, bars recovery in tort for damages resulting from a product not performing as intended, including damages to the product itself or economic losses caused by the defective product. The economic loss doctrine does not bar the recovery of damages for injury to persons or other property resulting from a defective product; in fact sub. (2) (b) specifically allows it when caused by a breach of warranty. City of Stoughton v. Thomasson Lumber Co., 2004 WI App 6, 269 Wis. 2d 339, 675 N.W.2d 487, 02-2192. Damages are discussed. Afram Export Corp. v. Metallurgiki Halyps, S.A., 772 F.2d 1358 (1985).