Arkansas Statutes

§ 4-2-708 — Seller's damages for non-acceptance or repudiation

Arkansas § 4-2-708

This text of Arkansas § 4-2-708 (Seller's damages for non-acceptance or repudiation) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Code Ann. § 4-2-708 (2026).

Text

(1)Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 4-2-723 ), the measure of damages for non-acceptance 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 chapter (§ 4-2-710 ), but less expenses saved in consequence of the buyer's breach.
(2)If the measure of damages provided in subsection (1) 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 chapter (§ 4-2-710 ), due a

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Related

Cargill, Inc. v. Storms Agri Enterprises, Inc.
878 S.W.2d 786 (Court of Appeals of Arkansas, 1994)
2 case citations
Razorback Concrete Company v. Dement Construction Company
688 F.3d 346 (Eighth Circuit, 2012)
2 case citations

Legislative History

Acts 1961, No. 185, § 2-708; A.S.A. 1947, § 85-2-708.

Nearby Sections

15
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Bluebook (online)
Arkansas § 4-2-708, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/4-2-708.