§ 2713. Damages of buyer for nondelivery or repudiation.
(a) Damages recoverable.--Subject to the provisions of this division 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 division (section 2715), but less expenses saved in consequence of the breach by the seller.
(b) Determination of market price.--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.
Cross References. Section 2713 is referred to in sections 2711, 2723 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2701 - Remedies for breach of collateral contracts not impaired
Section 2702 - Remedies of seller on discovery of insolvency of buyer
Section 2703 - Remedies of seller in general
Section 2705 - Stoppage by seller of delivery in transit or otherwise
Section 2706 - Resale by seller including contract for resale
Section 2707 - "Person in the position of a seller."
Section 2708 - Damages of seller for nonacceptance or repudiation
Section 2709 - Action for the price
Section 2710 - Incidental damages of seller
Section 2711 - Remedies of buyer in general; security interest of buyer in rejected goods
Section 2712 - "Cover"; procurement by buyer of substitute goods
Section 2713 - Damages of buyer for nondelivery or repudiation
Section 2714 - Damages of buyer for breach in regard to accepted goods
Section 2715 - Incidental and consequential damages of buyer
Section 2716 - Right of buyer to specific performance or replevin
Section 2717 - Deduction of damages from price
Section 2718 - Liquidation or limitation of damages; deposits
Section 2719 - Contractual modification or limitation of remedy
Section 2720 - Effect of "cancellation" or "rescission" on claims for antecedent breach
Section 2721 - Remedies for fraud
Section 2722 - Who can sue third parties for injury to goods
Section 2723 - Proof of market price: time and place