California Commercial Code Section 2713
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California Laws > Commercial Code > California Commercial Code Section 2713
2713. (1) 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 seller's breach.
(2) 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.
Last modified: February 22, 2013