Selected Cases by Article & Issues
(1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 75, recover the difference between the price fixed by the contract and the current price at the time of avoidance as well as any further damages recoverable under article 74. If however, the party claiming damages has avoided the contract after taking over the goods, the current price at the time of such taking over shall be applied instead of the current price at the time of avoidance.
(2) For the purposes of the preceding paragraph, the current price is the price prevailing at the place where delivery of the goods should have been made or, if there is no current price at that place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Damages in case of avoidance (termination) and no substitute transaction | 4 |
| 1.1 | Determination of current market price | 4 |
| 1.2 | Difference between contract price and market price at time of avoidance (termination) of contract | 8 |
| 1.3 | Difference between contract price and market price upon buyer taking possession | |
| 1.4 | Other damages recoverable under Art. 74 | 2 |