(1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (section 490:2-723 ), 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 article (section 490:2-710 ), but less expenses saved in consequence of the buyer’s breach.
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Terms Used In Hawaii Revised Statutes 490:2-708

  • Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
(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 article (section 490:2-710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

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