Measuring Damages
UCC 2-713(1) tells us to measure damages at the time when the buyer learned of the breach. This is easy with a one transaction sale (e.g. a widget at my door step on X date), but when do you learn of the breach in an anticipatory repudiation? There are three main views:
- When the buyer learns of the repudiation
- When the buyer learns of repudiation plus a commercially reasonable time
- UCC 2-610(a) gives this indication, you would be waiting at your risk if we determined the market price at the time you learn of repudiation.
- UCC 2-723(1) would indicate this, but it would be superfluous with 2-713 so 2-713 must have something other than the plain meaning.
- (1) If an action based on anticipatory repudiation comes to 2-723 trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section UCC 2-708 or Section UCC 2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
- This is the majority view: when repudiation is accepted or within a commercial reasonable time
- Time of performance, when the trail that occurs after the time of performance
- This is different than the plain reading for UCC 2-713.
Read more about this topic: Anticipatory Repudiation
Famous quotes containing the words measuring and/or damages:
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—Henry Brooks Adams (18381918)
“According to the law of nature it is only fair that no one should become richer through damages and injuries suffered by another.”
—Marcus Tullius Cicero (10643 B.C.)