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ORS 72.7080

Known as the Uniform Commercial Code

The act spans §§ 72–72 (125 sections).

Applied in 6 court decisions — leading case Timber Access Industries Co. v. U. S. Plywood-Champion Papers, Inc. (1972)

Most recently applied in Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc. (March 2014)

1961 c.726 §72.7080

How often courts cite this section

19721980199020002010201410
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) of this section and to the provisions of ORS 72.7230 with respect to proof of market price, 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 ORS 72.7100, but less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subsection (1) of this section 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 ORS 72.7100, due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.