Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 27 - Remedies
Section 2713 - Damages of buyer for nondelivery or repudiation

§ 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

Title 13 - COMMERCIAL CODE

Chapter 27 - Remedies

Extra - Chapter Notes

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 2704 - Right of seller to identify goods to contract notwithstanding breach or to salvage unfinished goods

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

Section 2724 - Admissibility of market quotations

Section 2725 - Statute of limitations in contracts for sale