The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-723)
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§ 2—723. Proof of market price: time and place
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§ 2—708 or § 2—713) shall be determined according to the price of such goods 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 article
is not readily available the price prevailing within any reasonable time before or
after the time described or at any other place which in commercial judgment or under
usage of trade would serve as a reasonable substitute for the one described may be
used, making any proper allowance for the cost 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 described
in this article offered by one party is not admissible unless and until he or she
has given the other party such notice as the court finds sufficient to prevent unfair
surprise.