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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 7. REMEDIES

11-2-713. Buyer’s damages for nondelivery or repudiation.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (1)

    Subject to the provisions of this article with respect to proof of market price (Code Section 11-2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (Code Section 11-2-715), but less expenses saved in consequence of the seller’s breach.#

  2. (2)

    Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-713, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews

For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For note, “Uniform Commercial Code Section 2-713 and the Time for Measuring Market-Contract Damages: Cosden Oil & Chem. Co. v. Karl O. Helm Aktiengesell-schaft,” see 2 Ga. St. U.L. Rev. 49 (1986).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 242 to 243; merge action: carried; file SHA-256 ad397fccbf21.