§ 6A-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 (§ 6A-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 (§ 6A-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 (§ 6A-2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
History of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Section 6A-2-701. - Remedies for breach of collateral contracts not impaired.
Section 6A-2-702. - Seller’s remedies on discovery of buyer’s insolvency.
Section 6A-2-703. - Seller’s remedies in general.
Section 6A-2-705. - Seller’s stoppage of delivery in transit or otherwise.
Section 6A-2-706. - Seller’s resale including contract for resale.
Section 6A-2-707. - “Person in the position of a seller.”
Section 6A-2-708. - Seller’s damages for nonacceptance or repudiation.
Section 6A-2-709. - Action for the price.
Section 6A-2-710. - Seller’s incidental damages.
Section 6A-2-711. - Buyer’s remedies in general — Buyer’s security interest in rejected goods.
Section 6A-2-712. - “Cover” — Buyer’s procurement of substitute goods.
Section 6A-2-713. - Buyer’s damages for nondelivery or repudiation.
Section 6A-2-714. - Buyer’s damages for breach in regard to accepted goods.
Section 6A-2-715. - Buyer’s incidental and consequential damages.
Section 6A-2-716. - Buyer’s right to specific performance or replevin.
Section 6A-2-717. - Deduction of damages from the price.
Section 6A-2-718. - Liquidation or limitation of damages — Deposits.
Section 6A-2-719. - Contractual modification or limitation of remedy.
Section 6A-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 6A-2-721. - Remedies for fraud.
Section 6A-2-722. - Who can sue third parties for injury to goods.
Section 6A-2-723. - Proof of market price — Time and place.
Section 6A-2-724. - Admissibility of market quotations.
Section 6A-2-725. - Statute of limitations — Contracts for sale — Breach of warranty.