Sec. 2713.
(1) Subject to the provisions of this article with respect to proof of market price (section 2723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (section 2715), but less expenses saved in consequence of the seller's breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
History: 1962, Act 174, Eff. Jan. 1, 1964
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2 - Sales (440.2101...440.2725)
174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)
Section 440.2701 - Collateral or Ancillary Contracts; Remedies for Breach.
Section 440.2702 - Insolvency of Buyer; Remedies of Seller.
Section 440.2705 - Stoppage of Delivery in Transit or Otherwise; Conditions; Notice to Bailee.
Section 440.2707 - Person in the Position of a Seller.
Section 440.2708 - Nonacceptance or Repudiation; Seller's Damages.
Section 440.2709 - Nonpayment; Action for Price, Damages.
Section 440.2710 - Seller's Incidental Damages.
Section 440.2712 - Cover; Procurement of Substitute Goods; Buyer's Damages.
Section 440.2713 - Nondelivery or Repudiation; Buyer's Damages.
Section 440.2714 - Accepted Goods; Buyer's Damages for Breach.
Section 440.2715 - Buyer's Incidental and Consequential Damages.
Section 440.2716 - Specific Performance; Replevin; Claim and Delivery.
Section 440.2717 - Deduction of Damages From Price; Notice.
Section 440.2718 - Liquidation and Limitation of Damages; Restitution to Buyers.
Section 440.2719 - Contractual Modification or Limitation of Remedies.
Section 440.2720 - Cancellation, Rescission, Antecedent Breach.
Section 440.2721 - Remedies for Misrepresentation or Fraud.
Section 440.2722 - Right of Action Against Third Party for Injury to Goods.
Section 440.2723 - Evidence of Market Price; Time, Place, Surprise.
Section 440.2724 - Evidence of Market Price; Market Quotations, Admissibility.
Section 440.2725 - Statute of Limitations in Contracts for Sale; Contractual Reduction.