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HomeCommercial CodeDiv. 2Ch. 7§ 2713 Seller Breach Damages Calculation

§ 2713 Seller Breach Damages Calculation

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2713 Seller Breach Damages Calculation

Key Takeaways

  • •If a seller doesn't deliver what you bought, you can get money back based on the difference between the price you agreed on and the current market price.
  • •You can also get extra money for any other problems caused by the seller not delivering, like extra costs you had to pay.
  • •The market price is checked where the item was supposed to be delivered or where it ended up if you rejected it.

Example

You order a new bike for $200, but the seller never delivers it. When you find out, the same bike now costs $250 elsewhere.

You can ask for $50 (the difference between $250 and $200) plus any extra money you spent because of the seller's mistake, like paying for a rental bike.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2713 Seller Breach Damages Calculation

(1) Subject to the provisions of this division with respect to proof of market price (Section 2723), 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 division (Section 2715), but less expenses saved in consequence of the seller’s breach. (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. (Enacted by Stats. 1963, Ch. 819.)

Last verified: January 23, 2026

Key Terms

nondeliveryrepudiationmarket pricecontract priceincidental and consequential damages

Related Statutes

  • § 2708 Seller Damages For Breach
  • § 2712 Buyer Cover After Breach
  • § 2714 Buyer Damages For Nonconformity
  • § 2723 Repudiation Damages Calculation
  • § 2701 Collateral Contract Remedies

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2713.
View Official Source