Section 1302.87 | Buyer's damages for non-delivery or repudiation - UCC 2-713.
(A) Subject to the provisions of section 1302.97 of the Revised Code, with respect to proof of market price, the measure of damages for non-delivery 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 section 1302.89 of the Revised Code, but less expenses saved in consequence of the seller's breach.
(B) 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.
Available Versions of this Section
- July 1, 1962 – Senate Bill 5, 104th General Assembly [ View July 1, 1962 Version ]