§490:2-708 Seller's damages for nonacceptance or repudiation. (1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (section 490:2-723), 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 article (section 490:2-710), 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 article (section 490:2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale. [L 1965, c 208, §2-708; HRS §490:2-708]
Section: Previous 490-2-701 490-2-702 490-2-703 490-2-704 490-2-705 490-2-706 490-2-707 490-2-708 490-2-709 490-2-710 490-2-711 490-2-712 490-2-713 490-2-714 490-2-715 NextLast modified: October 27, 2016