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§12A-2-708.
§12A-2-708.
(1) Subject to subsection (2) and to the provisions of this article
with respect to proof of market price (Section 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 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 2-710), due allowance for costs reasonably incurred
and due credit for payments or proceeds of resale.
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