70A-2-708 - Seller's damages for nonacceptance or repudiation. - Utah Statutes

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70A-2-708. Seller's damages for nonacceptance or repudiation.

(1) Subject to Subsection (2) and to the provisions of this chapter with respect to proof ofmarket price (Section 70A-2-723), the measure of damages for nonacceptance or repudiation bythe buyer is the difference between the market price at the time and place for tender and theunpaid contract price together with any incidental damages provided in this chapter (Section70A-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 inas 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 thebuyer, together with any incidental damages provided in this chapter (Section 70A-2-710), dueallowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Enacted by Chapter 154, 1965 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02 > 70a-2-708

70A-2-708. Seller's damages for nonacceptance or repudiation.

(1) Subject to Subsection (2) and to the provisions of this chapter with respect to proof ofmarket price (Section 70A-2-723), the measure of damages for nonacceptance or repudiation bythe buyer is the difference between the market price at the time and place for tender and theunpaid contract price together with any incidental damages provided in this chapter (Section70A-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 inas 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 thebuyer, together with any incidental damages provided in this chapter (Section 70A-2-710), dueallowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Enacted by Chapter 154, 1965 General Session

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02 > 70a-2-708

70A-2-708. Seller's damages for nonacceptance or repudiation.

(1) Subject to Subsection (2) and to the provisions of this chapter with respect to proof ofmarket price (Section 70A-2-723), the measure of damages for nonacceptance or repudiation bythe buyer is the difference between the market price at the time and place for tender and theunpaid contract price together with any incidental damages provided in this chapter (Section70A-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 inas 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 thebuyer, together with any incidental damages provided in this chapter (Section 70A-2-710), dueallowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Enacted by Chapter 154, 1965 General Session