Me. Rev. Stat. » Title 11
Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-708 (2026)

Seller's damages for nonacceptance or repudiation

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(1).  Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (section 2‑723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article (section 2‑710), but less expenses saved in consequence of the buyer's breach.  
(2).  If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done, then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article (section 2‑710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.  
Notes of Decisions
Cited in 4 cases, 1983–2012 · leading case: Schiavi Mobile Homes, Inc. v. Gironda, 463 A.2d 722 (Me. 1983).
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Schiavi Mobile Homes, Inc. v. Gironda, 463 A.2d 722 (Me. 1983). “Our conclusion that the Plaintiff did not properly mitigate its damages disposes of the Plaintiff’s primary argument on appeal, that the Superior Court erred in not awarding it lost profits under 11 M.R.S.A. § 2-708(2) as a “lost-volume seller.”
L.L. Bean, Inc. v. Worcester Resources, Inc., No. CUMcv-09-39 (Me. Super. Ct Apr. 6, 2012). · cites it 4× “Bean from its previously issued purchase orders, Worcester was attempting to reserve its :r:ight to the Uniform Commercial Code (UCC) seller's remedy based on an action for the price, instead ofthe alternate remedy granting the seller the difference between market value and…”
McLaughlin v. Khiel, No. PENcv-00-56 (Me. Super. Ct July 23, 2001). · cites it 2× “11 M.R.S.A. § 2-708(1). Section 2-706 allows a seller to resell goods either through a public sale or a private sale.”
L.L. Bean, Inc. v. Worcester Resources, Inc., No. CUMbcd-cv-09-39 (Me. Super. Ct Apr. 6, 2012). “" 11 M.R.S. § 2-708(2). 28S) The relevance of the "lost volume seller" concept to this case is that for Worcester to rese11 the 74,085 units for which L.”
Me. Rev. Stat. tit. 11, § 2-708(1): 1 case
McLaughlin v. Khiel, No. PENcv-00-56 (Me. Super. Ct July 23, 2001). “11 M.R.S.A. § 2-708(1). Section 2-706 allows a seller to resell goods either through a public sale or a private sale.”
Me. Rev. Stat. tit. 11, § 2-708(2): 3 cases
Schiavi Mobile Homes, Inc. v. Gironda, 463 A.2d 722 (Me. 1983). “Our conclusion that the Plaintiff did not properly mitigate its damages disposes of the Plaintiff’s primary argument on appeal, that the Superior Court erred in not awarding it lost profits under 11 M.R.S.A. § 2-708(2) as a “lost-volume seller.”
L.L. Bean, Inc. v. Worcester Resources, Inc., No. CUMcv-09-39 (Me. Super. Ct Apr. 6, 2012). “Bean from its previously issued purchase orders, Worcester was attempting to reserve its :r:ight to the Uniform Commercial Code (UCC) seller's remedy based on an action for the price, instead ofthe alternate remedy granting the seller the difference between market value and…”
L.L. Bean, Inc. v. Worcester Resources, Inc., No. CUMbcd-cv-09-39 (Me. Super. Ct Apr. 6, 2012). “" 11 M.R.S. § 2-708(2). 28S) The relevance of the "lost volume seller" concept to this case is that for Worcester to rese11 the 74,085 units for which L.”
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