Print

The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

002

:
Sales











 

§

2-723. Proof of market price: time and place

(1) If an action

based on anticipatory repudiation comes to trial before the time for

performance with respect to some or all of the goods, any damages based on

market price (§ 2-708 or § 2-713) shall be determined according to the price of

such goods prevailing at the time when the aggrieved party learned of the

repudiation.

(2) If evidence

of a price prevailing at the times or places described in this article is not

readily available the price prevailing within any reasonable time before or

after the time described or at any other place which in commercial judgment or

under usage of trade would serve as a reasonable substitute for the one

described may be used, making any proper allowance for the cost of transporting

the goods to or from such other place.

(3) Evidence of

a relevant price prevailing at a time or place other than the one described in

this article offered by one party is not admissible unless and until he has

given the other party such notice as the court finds sufficient to prevent

unfair surprise.