Section 4.16 Seller’s Damages

• Library: Contracts 2016 Supp

d. (§4.16) Seller’s Damages

The measure of the seller’s damages for nonacceptance or repudiation of goods is the difference between the market price at the time and place of tender and the unpaid contract price. Section 400.2-708(1), RSMo 2000. But situations may arise when the difference between those two prices would not put the seller in the position the seller would have been in if the contract had been performed. For example, if the difference would have been zero but the seller is deprived of a...