Sec. 2.713. BUYER'S DAMAGES FOR NON-DELIVERY OR REPUDIATION. (a) Subject to the provisions of this chapter with respect to proof of market price (Section 2.723), the measure of damages for non-delivery 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 chapter (Section 2.715), but less expenses saved in consequence of the seller's breach.
(b) 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.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Section 2.701. Remedies for Breach of Collateral Contracts Not Impaired
Section 2.702. Seller's Remedies on Discovery of Buyer's Insolvency
Section 2.703. Seller's Remedies in General
Section 2.705. Seller's Stoppage of Delivery in Transit or Otherwise
Section 2.706. Seller's Resale Including Contract for Resale
Section 2.707. "Person in the Position of a Seller"
Section 2.708. Seller's Damages for Non-Acceptance or Repudiation
Section 2.709. Action for the Price
Section 2.710. Seller's Incidental Damages
Section 2.711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
Section 2.712. "Cover"; Buyer's Procurement of Substitute Goods
Section 2.713. Buyer's Damages for Non-Delivery or Repudiation
Section 2.714. Buyer's Damages for Breach in Regard to Accepted Goods
Section 2.715. Buyer's Incidental and Consequential Damages
Section 2.716. Buyer's Right to Specific Performance or Replevin
Section 2.717. Deduction of Damages From the Price
Section 2.718. Liquidation or Limitation of Damages; Deposits
Section 2.719. Contractual Modification or Limitation of Remedy
Section 2.720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach
Section 2.721. Remedies for Fraud
Section 2.722. Who Can Sue Third Parties for Injury to Goods
Section 2.723. Proof of Market Price: Time and Place