{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-708.html"}],"law_id":84104,"edition_id":1,"section_id":84104,"structure_id":14714,"section_number":"8.2-708","catch_line":"Seller’s damages for nonacceptance or repudiation","history":"1964, c. 219.","full_text":"1\n\nSubject to subsection (2) and to the provisions of this title with respect to proof of market price (§ 8.2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this title (§ 8.2-710), but less expenses saved in consequence of the buyer’s breach.2\n\nIf the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this title (§ 8.2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.","order_by":null,"text":{"0":{"id":301412,"text":"Subject to subsection (2) and to the provisions of this title with respect to proof of market price (§ 8.2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this title (§ 8.2-710), but less expenses saved in consequence of the buyer’s breach.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":301413,"text":"If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this title (§ 8.2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":14714,"edition_id":1,"name":"Remedies","identifier":"7","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:49:27","date_modified":"2026-06-26 03:49:27","permalink":{"id":282265,"object_type":"structure","relational_id":14714,"identifier":"7","token":"8.2\/7","url":"\/8.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85835,"structure_id":14714,"section_number":"8.2-701","catch_line":"Remedies for breach of collateral contracts not impaired","url":"\/8.2-701\/","token":"8.2\/7\/8.2-701","metadata":false},{"id":69584,"structure_id":14714,"section_number":"8.2-702","catch_line":"Seller's remedies on discovery of buyer's 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goods","url":"\/8.2-722\/","token":"8.2\/7\/8.2-722","metadata":false},{"id":84785,"structure_id":14714,"section_number":"8.2-723","catch_line":"Proof of market price; time and place","url":"\/8.2-723\/","token":"8.2\/7\/8.2-723","metadata":false},{"id":71937,"structure_id":14714,"section_number":"8.2-724","catch_line":"Admissibility of market quotations (subdivision (17) of Supreme Court Rule 2:803 derived from this section)","url":"\/8.2-724\/","token":"8.2\/7\/8.2-724","metadata":false},{"id":73642,"structure_id":14714,"section_number":"8.2-725","catch_line":"Statute of limitations in contracts for sale","url":"\/8.2-725\/","token":"8.2\/7\/8.2-725","metadata":false}],"previous_section":{"id":76676,"structure_id":14714,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","url":"\/8.2-707\/","token":"8.2\/7\/8.2-707","metadata":false},"next_section":{"id":69334,"structure_id":14714,"section_number":"8.2-709","catch_line":"Action for the price","url":"\/8.2-709\/","token":"8.2\/7\/8.2-709","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-708\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"},{"id":69334,"section_number":"8.2-709","catch_line":"Action for the price","order_by":null,"url":"\/8.2-709\/"},{"id":84785,"section_number":"8.2-723","catch_line":"Proof of market price; time and place","order_by":null,"url":"\/8.2-723\/"}],"refers_to":[{"id":77135,"section_number":"8.2-710","catch_line":"Seller's incidental damages","order_by":null,"url":"\/8.2-710\/"},{"id":84785,"section_number":"8.2-723","catch_line":"Proof of market price; time and place","order_by":null,"url":"\/8.2-723\/"}],"permalink":{"id":282295,"object_type":"law","relational_id":84104,"identifier":"8.2-708","token":"8.2\/7\/8.2-708","url":"\/8.2-708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-708\/","token":"8.2\/7\/8.2-708","dublin_core":{"Title":"Seller’s damages for nonacceptance or repudiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Subject to subsection (2) and to the provisions of this title with respect to proof of market price (§ 8.2-723<\/a>), the measure of damages<\/span> for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract<\/span> price together with any incidental damages<\/span> provided in this title (§ 8.2-710<\/a>), but less expenses saved in consequence of the buyer’s breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the measure of damages<\/span> provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages<\/span> is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages<\/span> provided in this title (§ 8.2-710<\/a>), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION (\u00a7 8.2-708)\n\n1. Subject to subsection (2) and to the provisions of this title with respect to\nproof of market price (§ 8.2-723), the measure of damages for nonacceptance\nor repudiation by the buyer is the difference between the market price at the\ntime and place for tender and the unpaid contract price together with any\nincidental damages provided in this title (§ 8.2-710), but less expenses\nsaved in consequence of the buyer’s breach.\n\n2. If the measure of damages provided in subsection (1) is inadequate to put the\nseller in as good a position as performance would have done then the measure of\ndamages is the profit (including reasonable overhead) which the seller would\nhave made from full performance by the buyer, together with any incidental\ndamages provided in this title (§ 8.2-710), due allowance for costs\nreasonably incurred and due credit for payments or proceeds of resale.\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}