Okla. Stat. tit. 12A § 2-716

Current through Laws 2024, c. 135.

Section 2-716 - Buyer's Right to Specific Performance or Replevin

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

(2) 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.

(3) 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.

Okla. Stat. tit. 12A, § 2-716

Laws 1961, SB 36, p. 99, § 2-716; Amended by Laws 2000, SB 1519, c. 371, §152, eff. 7/1/2001.

Oklahoma Code Comment

There is scant previous authority in Oklahoma on the question of specific performance of a sales contract. In the only two cases found, relief was denied because the chattels involved, merchandise and an automobile, were not unique, and the remedy at law was adequate. Fortner v. Wilson, 202 Okl. 563, 216 P.2d 299 (1950); Flechs v. Richie, 91 Okl. 95, 216 P. 644 (1923).

(1) This section goes much beyond the previous Oklahoma view, permitting specific performance "in other proper circumstances." It is the frank purpose of the drafters to depart from the rigid rules of "unique" and "inadequate remedy at law." Thus, specific performance could be granted if the chattel was difficult to purchase on the open market, such as were automobiles following World War II, of output contracts, or other circumstances which the court felt justified the equitable remedy.

(2) There are no previous Oklahoma decisions.

(3) Previously in Oklahoma, replevin could be had only of property to which the plaintiff had title, or a legal interest therein such as a mortgage thereon. 12 Okl.St.Ann. § 1572(2). Thus, this section expands Oklahoma law. This rule is, in reality, more in the nature of specific performance and there is no reason to believe that specific performance would not in fact be granted under paragraph (1) under the circumstances recited in paragraph (2).