§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]