Simple English definitions for legal terms
Read a random definition: immaterial fact
Cover: When someone buys something from another person, but the seller doesn't give them what they promised, the buyer can go to the store and buy something similar to replace it. The seller has to pay the difference between the cost of the new item and what the buyer was supposed to pay originally.
Definition: Cover is when a buyer in a breach-of-contract dispute purchases goods on the open market to replace the goods that were promised but never delivered by the seller. According to UCC § 2-712, the buyer can recover from the seller the difference between the cost of the substituted goods and the original contract price.
Let's say a company orders 100 widgets from a supplier for $10 each, but the supplier fails to deliver the widgets. The company then purchases 100 widgets from another supplier for $12 each to fulfill their order. The company can then sue the original supplier for the $200 difference between the original contract price ($10 x 100) and the cost of the substituted goods ($12 x 100).
In another example, a person orders a custom-made dress from a designer for $500, but the designer fails to deliver the dress. The person then purchases a similar dress from a different designer for $600. The person can then sue the original designer for the $100 difference between the original contract price ($500) and the cost of the substituted goods ($600).
These examples illustrate how cover works in a breach-of-contract situation. The buyer is able to purchase goods from another source to fulfill their original order and then recover the difference in cost from the original seller.