(1) Subject to the provisions of ORS § 72.7230 with respect to proof of market price, 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 ORS § 72.7150, but less expenses saved in consequence of the seller’s breach.

Terms Used In Oregon Statutes 72.7130

  • Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Seller: means a person who sells or contracts to sell goods. See Oregon Statutes 72.1030

(2) Market price is to be determined as of the place for tender or, in case of rejection after arrival or revocation of acceptance, as of the place of arrival. [1961 c.726 § 72.7130]