28-2-708. SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION. (1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (section 28-2-723), 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 chapter (section 28-2-710), 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 (section 28-2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History:
[28-2-708, added 1967, ch. 161, sec. 2-708, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Section 28-2-701 - REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED.
Section 28-2-702 - SELLER’S REMEDIES ON DISCOVERY OF BUYER’S INSOLVENCY.
Section 28-2-703 - SELLER’S REMEDIES IN GENERAL.
Section 28-2-705 - SELLER’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-2-706 - SELLER’S RESALE INCLUDING CONTRACT FOR RESALE.
Section 28-2-707 - “PERSON IN THE POSITION OF A SELLER.”
Section 28-2-708 - SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
Section 28-2-709 - ACTION FOR THE PRICE.
Section 28-2-710 - SELLER’S INCIDENTAL DAMAGES.
Section 28-2-711 - BUYER’S REMEDIES IN GENERAL — BUYER’S SECURITY INTEREST IN REJECTED GOODS.
Section 28-2-712 - “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
Section 28-2-713 - BUYER’S DAMAGES FOR NONDELIVERY OR REPUDIATION.
Section 28-2-714 - BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.
Section 28-2-715 - BUYER’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-2-716 - BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR CLAIM AND DELIVERY.
Section 28-2-717 - DEDUCTION OF DAMAGES FROM THE PRICE.
Section 28-2-718 - LIQUIDATION OR LIMITATION OF DAMAGES — DEPOSITS.
Section 28-2-719 - CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.
Section 28-2-720 - EFFECT OF “CANCELLATION” OR “RESCISSION” ON CLAIMS FOR ANTECEDENT BREACH.
Section 28-2-721 - REMEDIES FOR FRAUD.
Section 28-2-722 - WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
Section 28-2-723 - PROOF OF MARKET PRICE — TIME AND PLACE.
Section 28-2-724 - ADMISSIBILITY OF MARKET QUOTATIONS.
Section 28-2-725 - STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.