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This entry was published on 2014-09-22
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SECTION 2-708
Seller's Damages for Non-acceptance or Repudiation
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 7
Section 2--708. Seller's Damages for Non-acceptance or Repudiation.

(1) Subject to subsection (2) and to the provisions of this Article
with respect to proof of market price (Section 2--723), the measure of
damages for non-acceptance or repudiation by the buyer is the difference
between the market price at the time and place for tender and the unpaid
contract price together with any incidental damages provided in this
Article (Section 2--710), but less expenses saved in consequence of the
buyer's breach.

(2) If the measure of damages provided in subsection (1) is inadequate
to put the seller in as good a position as performance would have done
then the measure of damages is the profit (including reasonable
overhead) which the seller would have made from full performance by the
buyer, together with any incidental damages provided in this Article
(Section 2--710), due allowance for costs reasonably incurred and due
credit for payments or proceeds of resale.