Illinois Compiled Statutes

810 ILCS 5/2-713 (2026)

Buyer's damages for non-delivery or repudiation

✓ current as of May 2026
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(810 ILCS 5/2-713) (from Ch. 26, par. 2-713)
    Sec. 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: Laws 1961, p. 2101.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2023 · leading case: Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013).
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “” 810 ILCS 5/2-713 (West 2010). ¶ 30 Santorini claims it is entitled to damages calculated as the difference between the medallions’ contract price of $48,000 each and the increased market price of the medallions at the time of the December 2011 bench trial.”
Al Maha Trading & Contracting Holding Co. v. W.S. Darley & Co., 936 F. Supp. 2d 933 (N.D. Ill. 2013). “See also 810 ILCS 5/2-713; 810 ILCS 5/2-715. “Rejection of goods must be within a reasonable time after their delivery or tender [and] .”
Santorini Cab Corp. v. Banco Popular North Am., 2013 IL App (1st) 122070 (Ill. App. Ct. 2013). “" 810 ILCS 5/2-713 (West 2010). ¶ 30 Santorini claims it is entitled to damages calculated as the difference between the medallions' contract price of $48,000 each and the increased market price of the medallions at the time of the December 2011 bench trial.”
Cheng v. Cont'l Classic Motors, Inc. (N.D. Ill. 2023). “He moved to dismiss Count I (seeking specific performance under 810 ILCS 5/2-716) under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and to dismiss Count II (seeking monetary damages under 810 ILCS 5/2-713) under Rule 12(b)(1) for lack of federal…”
Magnum Press Automation, Inc. v. Thomas & Betts Corp. (Ill. App. Ct. 2001). “810 ILCS 5/2-713(1) (West 2000). Section 2-715 provides: "Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transporta- tion[,] and care and custody of goods right- fully rejected, any commercially reasonable…”
— 810 ILCS 5/2-713(1) — 1 case
Magnum Press Automation, Inc. v. Thomas & Betts Corp. (Ill. App. Ct. 2001). “810 ILCS 5/2-713(1) (West 2000). Section 2-715 provides: "Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transporta- tion[,] and care and custody of goods right- fully rejected, any commercially reasonable…”
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