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Cal. Com. Code § 2708

Remedies

Known as the Uniform Commercial Code

The act spans §§ 1101 to 12107 (623 sections).

Applied in 3 court decisions — leading case Sackett v. Spindler (1967)

Most recently applied in 246 Cal. Rptr. 3d 128 - People v. Superior Court (April 2019)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

196719701980199020002010201910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Subject to subdivision (2) and to the provisions of this division with respect to proof of market price (Section 2723), 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 division (Section 2710), but less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subdivision (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 division (Section 2710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.