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Utah Code § 70A-2-713

Buyer's damages for nondelivery or repudiation

Known as the Uniform Commercial Code

The act spans §§ 70A-12-101 to 70A-9a-904 (293 sections).

Applied in 2 court decisions — leading case Tesco American, Inc. v. Lether (1994)

Most recently applied in Savage Industries, Inc. v. American Pulverizer Co. (December 1996)

Enacted by Chapter 154, 1965 General Session

(1) Subject to the provisions of this chapter with respect to proof of market price (Section 70A-2-723), 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 chapter (Section 70A-2-715), 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: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.