Section 45.02.723. Proof of market price; time and place.

   (a) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, damages based on market price (AS 45.02.708 or 45.02.713) shall be determined according to the price of the goods prevailing at the time the aggrieved party learned of the repudiation.
   (b) If evidence of a price prevailing at the times or places described in this chapter is not readily available, the price prevailing within a reasonable time before or after the time described or at any other place that in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making a proper allowance for the cost of transporting the goods to or from the other place.
   (c) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible until the party has given the other party notice the court finds sufficient to prevent unfair surprise.

Authorities

45.02.708;45.02.713

Notes

References

AS 45.02.708 Seller's damages for nonacceptance or repudiation.
AS 45.02.713 Buyer's damages for nondelivery or repudiation.

History

(Sec. 2.723 ch 114 SLA 1962)