Section 6 Generally

• Library: Commercial Law 2007

When no resale occurs under § 400.2-706, RSMo 2000, a seller’s damages are calculated following the measures provided by § 400.2-708, RSMo 2000. Section 400.2-708 provides the seller with a choice of two methods for calculating damages.

Under § 400.2-708(1), the proper measure of damages is “the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages . . . but less expenses saved in consequence of the buyer’s breach.” Regarding the relevant time for measuring market price, one court held that the time of delivery intended by the parties in a contract for the sale of flour was the expiration date of the contract...