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.