Revisor Home

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963 bottom

  400.2-708.  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 400.2-723), 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 400.2-710), 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 400.2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

­­--------

(L. 1963 p. 503 § 2-708)


---- end of effective   28 Aug 1963 ----

use this link to bookmark section  400.2-708


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@04:22:46.8 28 :)