                                 CODE OF VIRGINIA

SELLER&#8217;S DAMAGES FOR NONACCEPTANCE OR REPUDIATION (§ 8.2-708)

1. Subject to subsection (2) and to the provisions of this title with respect to
proof of market price (&#xA7; 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 (&#xA7; 8.2-710), but less expenses
saved in consequence of the buyer&#8217;s breach.

2. 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 (&#xA7; 8.2-710), due allowance for costs
reasonably incurred and due credit for payments or proceeds of resale.

HISTORY: 1964, c. 219.