70A-2-723 - Proof of market price -- Time and place. - Utah Statutes

70A-2-723. Proof of market price -- Time and place.

(1) If an action based on anticipatory repudiation comes to trial before the time forperformance with respect to some or all of the goods, any damages based on market price(Section 70A-2-708 or Section 70A-2-713) shall be determined according to the price of suchgoods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this chapter is notreadily available the price prevailing within any reasonable time before or after the time describedor at any other place which in commercial judgment or under usage of trade would serve as areasonable substitute for the one described may be used, making any proper allowance for thecost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one describedin this chapter offered by one party is not admissible unless and until he has given the other partysuch notice as the court finds sufficient to prevent unfair surprise.

Enacted by Chapter 154, 1965 General Session