(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.

Terms Used In Utah Code 70A-2-713

  • Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
  • 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 Utah Code 70A-2-103
(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.

Enacted by Chapter 154, 1965 General Session

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