2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 27 - Remedies
2708 - Damages of seller for nonacceptance or repudiation.

     § 2708.  Damages of seller for nonacceptance or repudiation.
        (a)  General rule.--Subject to subsection (b) and to the
     provisions of this division with respect to proof of market
     price (section 2723), the measure of damages for nonacceptance
     or repudiation by the buyer is the difference between the market
     price at the time and place for tender and the unpaid contract
     price together with any incidental damages provided in this
     division (section 2710) but less expenses saved in consequence
     of the breach by the buyer.
        (b)  Exception.--If the measure of damages provided in
     subsection (a) is inadequate to put the seller in as good a
     position as performance would have done then the measure of
     damages is the profit (including reasonable overhead) which the
     seller would have made from full performance by the buyer,
     together with any incidental damages provided in this division
     (section 2710), due allowance for costs reasonably incurred, and
     due credit for payments or proceeds of resale.

        Cross References.  Section 2708 is referred to in sections
     2703, 2709, 2723 of this title.