§ 6A-2-708 - Seller's damages for nonacceptance or repudiation.
SECTION 6A-2-708
§ 6A-2-708 Seller's damages fornonacceptance or repudiation. – (1) Subject to subsection (2) and to the provisions of this chapter withrespect to proof of market price (§ 6A-2-723), the measure of damages fornonacceptance or repudiation by the buyer is the difference between the marketprice at the time and place for tender and the unpaid contract price togetherwith any incidental damages provided in this chapter (§ 6A-2-710), butless expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) isinadequate to put the seller in as good a position as performance would havedone then the measure of damages is the profit (including reasonable overhead)which the seller would have made from full performance by the buyer, togetherwith any incidental damages provided in this chapter (§ 6A-2-710), dueallowance for costs reasonably incurred and due credit for payments or proceedsof resale.