§ 2-708. Seller’s damages for nonacceptance or repudiation.
A. Subject to subsection (B) of this section and to 27A ONC § 2-723:
1. The measure of damages for nonacceptance by the buyer is the difference between the contract price and the market price at the time and place for tender together with any incidental or consequential damages provided in 27A ONC § 2-710, but less expenses saved in consequence of the buyer’s breach; and
2. The measure of damages for repudiation by the buyer is the difference between the contract price and the market price at the place for tender at the expiration of a commercially reasonable time after the seller learned of the repudiation, but no later than the time stated in subsection (A)(1) of this section, together with any incidental or consequential damages provided in 27A ONC § 2-710, less expenses saved in consequence of the buyer’s breach.
B. If the measure of damages provided in subsection (A) of this section 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 (27A ONC § 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale. ONCA 13-23, eff. Sept. 24, 2013.