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The Compensation Myth And U.C.C. Section 2-713, David Frisch
The Compensation Myth And U.C.C. Section 2-713, David Frisch
Law Faculty Publications
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.