Kansas Statutes
§ 84-2-708 — Seller's damages for nonacceptance or repudiation
Kansas § 84-2-708
This text of Kansas § 84-2-708 (Seller's damages for nonacceptance or repudiation) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Kan. Stat. Ann. § 84-2-708 (2026).
Text
(1)Subject to subsection (2) and to the provisions of this article with respect to proof of market price (section 84-2-723), 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 article (section 84-2-710), 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 article (section
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Related
Olathe Manufacturing, Inc. v. Browning Manufacturing
915 P.2d 86 (Supreme Court of Kansas, 1996)
Kvassay v. Murray
808 P.2d 896 (Court of Appeals of Kansas, 1991)
Rodriguez v. Learjet, Inc.
946 P.2d 1010 (Court of Appeals of Kansas, 1997)
Smyers v. Quartz Works Corp.
880 F. Supp. 1425 (D. Kansas, 1995)
Sharp Electronics Corp. v. Lodgistix, Inc.
802 F. Supp. 370 (D. Kansas, 1992)
Tri-State Commodities, Inc. v. GSO America, Inc.
18 F. App'x 737 (Tenth Circuit, 2001)
Legislative History
L. 1965, ch. 564, § 104; January 1, 1966.
Nearby Sections
15
§ 84-1-101
Short titles§ 84-1-102
Scope of article§ 84-1-104
Construction against implied repeal§ 84-1-105
Severability§ 84-1-106
Use of singular and plural; gender§ 84-1-107
Section captions§ 84-1-201
General definitions§ 84-1-202
Notice; knowledge§ 84-1-204
Value§ 84-1-205
Reasonable time; seasonableness§ 84-1-206
PresumptionsCite This Page — Counsel Stack
Bluebook (online)
Kansas § 84-2-708, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/84-2-708.