400.2-713. Buyer's damages for nondelivery or repudiation.
Buyer's damages for nondelivery or repudiation.
400.2-713. (1) Subject to the provisions of this articlewith respect to proof of market price (section 400.2-723), themeasure of damages for nondelivery or repudiation by the selleris the difference between the market price at the time when thebuyer learned of the breach and the contract price together withany incidental and consequential damages provided in this article(section 400.2-715), but less expenses saved in consequence ofthe seller's breach.
(2) Market price is to be determined as of the place fortender or, in cases of rejection after arrival or revocation ofacceptance, as of the place of arrival.
(L. 1963 p. 503 § 2-713)