§ 6A-2-723. Proof of market price — Time and place.
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§ 6A-2-708 or 6A-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party such notice as the court finds sufficient to prevent unfair surprise.
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.