§ 11-2-713. Buyer’s Damages for Nondelivery or Repudiation

1. Subject to the provisions of this article with respect to proof of market price (Code Section 11-2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (Code Section 11-2-715), but less expenses saved in consequence of the seller’s breach.
2. 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.

History. Code 1933, § 109A-2-713, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews.

For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).

For note, “Uniform Commercial Code Section 2-713 and the Time for Measuring Market-Contract Damages: Cosden Oil & Chem. Co. v. Karl O. Helm Aktiengesellschaft,” see 2 Ga. St. U.L. Rev. 49 (1986).