(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section 7-2-708 or Section 7-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
Structure Code of Alabama
Section 7-2-701 - Remedies for Breach of Collateral Contracts Not Impaired.
Section 7-2-702 - Seller's Remedies on Discovery of Buyer's Insolvency.
Section 7-2-703 - Seller's Remedies in General.
Section 7-2-705 - Seller's Stoppage of Delivery in Transit or Otherwise.
Section 7-2-706 - Seller's Resale Including Contract for Resale.
Section 7-2-707 - "Person in the Position of a seller."
Section 7-2-708 - Seller's Damages for Nonacceptance or Repudiation.
Section 7-2-709 - Action for the Price.
Section 7-2-710 - Seller's Incidental Damages.
Section 7-2-711 - Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods.
Section 7-2-712 - "Cover"; Buyer's Procurement of Substitute Goods.
Section 7-2-713 - Buyer's Damages for Nondelivery or Repudiation.
Section 7-2-714 - Buyer's Damages for Breach in Regard to Accepted Goods.
Section 7-2-715 - Buyer's Incidental and Consequential Damages.
Section 7-2-716 - Buyer's Right to Specific Performance or Replevin.
Section 7-2-717 - Deduction of Damages From the Price.
Section 7-2-718 - Liquidation or Limitation of Damages; Deposits.
Section 7-2-719 - Contractual Modification or Limitation of Remedy.
Section 7-2-720 - Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach.
Section 7-2-721 - Remedies for Fraud.
Section 7-2-722 - Who Can Sue Third Parties for Injury to Goods.
Section 7-2-723 - Proof of Market Price: Time and Place.
Section 7-2-724 - Admissibility of Market Quotations.
Section 7-2-725 - Statute of Limitations in Contracts for Sale.