Public-domain · open source
OpenJurist

Cal. Com. Code § 2713

Remedies

Known as the Uniform Commercial Code

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

Applied in 6 court decisions — leading case 14 Cal. App. 3d 209 - Gerwin v. Southeastern California Ass'n of Seventh Day Adventists (1971)

Most recently applied in 226 Cal. App. 4th 1538 - Brand v. Hyundai Motor America (June 2014)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

19711980199020002010201410
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 the provisions of this division with respect to proof of market price (Section 2723), 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 division (Section 2715), 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.

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