(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 4-2-723), 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 chapter (§ 4-2-710), 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 chapter (§ 4-2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History. Acts 1961, No. 185, § 2-708; A.S.A. 1947, § 85-2-708.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
§ 4-2-701. Remedies for breach of collateral contracts not impaired
§ 4-2-702. Seller's remedies on discovery of buyer's insolvency
§ 4-2-703. Seller's remedies in general
§ 4-2-705. Seller's stoppage of delivery in transit or otherwise
§ 4-2-706. Seller's resale including contract for resale
§ 4-2-707. “Person in the position of a seller.”
§ 4-2-708. Seller's damages for non-acceptance or repudiation
§ 4-2-709. Action for the price
§ 4-2-710. Seller's incidental damages
§ 4-2-711. Buyer's remedies in general — Buyer's security interest in rejected goods
§ 4-2-712. “Cover” — Buyer's procurement of substitute goods
§ 4-2-713. Buyer's damages for nondelivery or repudiation
§ 4-2-714. Buyer's damages for breach in regard to accepted goods
§ 4-2-715. Buyer's incidental and consequential damages
§ 4-2-716. Buyer's right to specific performance or replevin
§ 4-2-717. Deduction of damages from the price
§ 4-2-718. Liquidation or limitation of damages — Deposits
§ 4-2-719. Contractual modification or limitation of remedy
§ 4-2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 4-2-722. Who can sue third parties for injury to goods
§ 4-2-723. Proof of market price — Time and place