Skip to main content
Loading…
This section is included in your selections.

A. Subject to 27A ONC § 2-723, if the seller wrongfully fails to deliver or repudiates or the buyer rightfully rejects or justifiably revokes acceptance:

1. The measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under 27A ONC § 2-715, but less expenses saved in consequence of the seller’s breach; and

2. The measure of damages for repudiation by the seller is the difference between the market price at the expiration of a commercially reasonable time after the buyer learned of the repudiation, but no later than the time stated in subsection (A)(1) of this section, and the contract price together with any incidental or consequential damages provided in this Article (27A ONC § 2-715), 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. ONCA 13-23, eff. Sept. 24, 2013.