§ 336.2-708 — Seller's Damages for Nonacceptance or Repudiation
Plain-Language Summary
If the buyer breaches, the seller can recover the difference between the contract price and the market price at the time and place of delivery, plus incidental damages, minus expenses saved. If this does not make the seller whole (as with a lost-volume seller), the seller can recover lost profit instead.
336.2-708 SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
(1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (section 336.2-723), the measure of damages for nonacceptance 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 336.2-710), 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 336.2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History:
1965 c 811 s 336.2-708
History: History: 1965 c 811 s 336.2-708