New York § 2-708 Seller's Damages for Non-acceptance or Repudiation

New York Statutes

§ 2-708 — Seller's Damages for Non-acceptance or Repudiation

New York § 2-708

Law UCCUniform Commercial Code

Part 7Remedies

Art. 2Sales

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

Bluebook

N.Y. Uniform Commercial Code § 2-708 (2026).

Text

Section 2--708. Seller's Damages for Non-acceptance or Repudiation.\n  (1) Subject to subsection (2) and to the provisions of this Article\nwith respect to proof of market price (Section 2--723), the measure of\ndamages for non-acceptance or repudiation by the buyer is the difference\nbetween the market price at the time and place for tender and the unpaid\ncontract price together with any incidental damages provided in this\nArticle (Section 2--710), but less expenses saved in consequence of the\nbuyer's breach.\n  (2) If the measure of damages provided in subsection (1) is inadequate\nto put the seller in as good a position as performance would have done\nthen the measure of damages is the profit (including reasonable\noverhead) which the seller would have made from full performance by t

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Section 2--708. Seller's Damages for Non-acceptance or Repudiation.\n (1) Subject to subsection (2) and to the provisions of this Article\nwith respect to proof of market price (Section 2--723), the measure of\ndamages for non-acceptance or repudiation by the buyer is the difference\nbetween the market price at the time and place for tender and the unpaid\ncontract price together with any incidental damages provided in this\nArticle (Section 2--710), but less expenses saved in consequence of the\nbuyer's breach.\n (2) If the measure of damages provided in subsection (1) is inadequate\nto put the seller in as good a position as performance would have done\nthen the measure of damages is the profit (including reasonable\noverhead) which the seller would have made from full performance by the\nbuyer, together with any incidental damages provided in this Article\n(Section 2--710), due allowance for costs reasonably incurred and due\ncredit for payments or proceeds of resale.\n