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the California Code
2012 California Codes
COM - Commercial Code
DIVISION 2 - SALES [2101 - 2801]
CHAPTER 7 - Remedies
Section 2713
Universal Citation:
CA Com Code § 2713 (through 2013 Leg Sess)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
(1) Subject to the provisions of this division with respect to proof of market price (Section 2723), 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 division (Section 2715), 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.
(Enacted by Stats. 1963, Ch. 819.)
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