UCC § 2-713
Buyer's Damages for Non-Delivery or Repudiation
(1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller’s breach. (2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Professor's notes
Elements: (1) measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages (§ 2-715), less expenses saved; (2) market price is determined at the place for tender or, in cases of rejection after arrival or revocation of acceptance, at the place of arrival.
Common misunderstanding: students treat § 2-713 as the only buyer's damages remedy. It is the no-cover alternative to § 2-712. If the buyer covers (substitute purchase), § 2-712 governs; if not, § 2-713 supplies a hypothetical-market measure. The timing rule: "when buyer learned of the breach": is doing real work; market prices can swing between repudiation and the time of delivery.
Text
UCC § 2-713. Buyer’s Damages for Non-Delivery or Repudiation.
(1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller’s breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Source: UCC Article 2 (post-2022 amendments), as in the LawJ statutory corpus.