§ 6A-2-723 - Proof of market price – Time and place. - Rhode Island Statutes

SECTION 6A-2-723

   § 6A-2-723  Proof of market price –Time and place. – (1) If an action based on anticipatory repudiation comes to trial before thetime for performance with respect to some or all of the goods, any damagesbased on market price (§ 6A-2-708 or 6A-2-713) shall be determinedaccording to the price of such goods prevailing at the time when the aggrievedparty learned of the repudiation.

   (2) If evidence of a price prevailing at the times or placesdescribed in this chapter is not readily available the price prevailing withinany reasonable time before or after the time described or at any other placewhich in commercial judgment or under usage of trade would serve as areasonable substitute for the one described may be used, making any properallowance for the cost of transporting the goods to or from such other place.

   (3) Evidence of a relevant price prevailing at a time orplace other than the one described in this chapter offered by one party is notadmissible unless and until he or she has given the other party such notice asthe court finds sufficient to prevent unfair surprise.