Kansas Statutes

§ 84-2-708 — Seller's damages for nonacceptance or repudiation

Kansas § 84-2-708
JurisdictionKansas
Ch. 84UNIFORM COMMERCIAL CODE
Art. 2SALES

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)
28 case citations
Kvassay v. Murray
808 P.2d 896 (Court of Appeals of Kansas, 1991)
25 case citations
Rodriguez v. Learjet, Inc.
946 P.2d 1010 (Court of Appeals of Kansas, 1997)
14 case citations
Smyers v. Quartz Works Corp.
880 F. Supp. 1425 (D. Kansas, 1995)
4 case citations
Sharp Electronics Corp. v. Lodgistix, Inc.
802 F. Supp. 370 (D. Kansas, 1992)
1 case citations
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
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Bluebook (online)
Kansas § 84-2-708, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/84-2-708.