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.
Document Type
Article
Publication Date
2014
Recommended Citation
David Frisch, The Compensation Myth and U.C.C. Section 2-713, 90 Brook. L. Rev. 173 (2014).