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W. Va. Code § 46-2-713

Buyer's damages for nondelivery or repudiation

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 1 court decision — leading case 2012 Pa. Super. 163 - Allegheny Energy Supply Co. v. Wolf Run Mining Co. (2012)

Most recently applied in 2012 Pa. Super. 163 - Allegheny Energy Supply Co. v. Wolf Run Mining Co. (August 2012)

(1) Subject to the provisions of this article with respect to proof of market price (section 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 article (section 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: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.