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Miss. Code Ann. § 75-2-708

Seller’s damages for nonacceptance or repudiation

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 3 court decisions — leading case 860 So. 2d 774 - GB" Boots" Smith Corp. v. Cobb (2003)

Most recently applied in G.B. "Boots" Smith Corp. v. Cobb (May 2005)

Codes, 1942, § 41A:2-708; Laws, 1966, ch. 316, § 2-708, eff March 31, 1968.

How often courts cite this section

1975198019902000200510
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 subsection (2) and to the provisions of this chapter with respect to proof of market price (Section 2-723) [Section 75-2-723], 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 chapter (Section 2-710) [Section 75-2-710], 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 chapter (Section 2-710) [Section 75-2-710], due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.