Montana § 30-2-708 Seller's Damages For Nonacceptance Or Repudiation

Montana Statutes

§ 30-2-708 — Seller's Damages For Nonacceptance Or Repudiation

Montana § 30-2-708

Title 30TRADE AND COMMERCE

Ch. 2UNIFORM COMMERCIAL CODE SALES

Part 7Remedies

This text of Montana § 30-2-708 (Seller's Damages For Nonacceptance Or Repudiation) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-2-708 (2026).

Text

30-2-708 . Seller's damages for nonacceptance or repudiation.

(1)Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price ( 30-2-723 ), 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 chapter ( 30-2-710 ), 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 in

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30-2-708 . Seller's damages for nonacceptance or repudiation. (1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price ( 30-2-723 ), 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 chapter ( 30-2-710 ), 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 ( 30-2-710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.