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The Compensation Myth and U.C.C. Section 2-713

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  • Library, Cornell
  • Frisch, David

Abstract

This article seeks to bring greater discipline to the analysis of market damages by probing two basic assumptions that are routinely made in discussions of section 2-713: (1) that overcompensation concerns justify judicial interference with the buyer's choice of remedy; and (2) that the relevant market price, in all cases, is the market price that the aggrieved buyer would be required to pay if she wished to make a substitute purchase of goods elsewhere.

Suggested Citation

  • Library, Cornell & Frisch, David, 2017. "The Compensation Myth and U.C.C. Section 2-713," LawArXiv 6qsvn, Center for Open Science.
    • Handle: RePEc:osf:lawarx:6qsvn
    DOI: 10.31219/osf.io/6qsvn
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