Wisconsin Statutes
Wis. Stat. § 402.713 (2026)
Buyer’s damages for nondelivery or repudiation
✓ current as of July 2026
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402.713(1)(1) Subject to s. 402.723 with respect to proof of market price, the measure of damages for nondelivery 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 s. 402.715, but less expenses saved in consequence of the seller’s breach.
402.713(2)(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.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1995–2025 · leading case: Texpar Energy, Inc., a Texas Corp. v. Murphy Oil Usa, Inc., a Delaware Corp., 45 F.3d 1111 (7th Cir. 1995).
Texpar Energy, Inc., a Texas Corp. v. Murphy Oil Usa, Inc., a Delaware Corp., 45 F.3d 1111 (7th Cir. 1995). “Damages Under UCC § 2-713 The district court applied UCC § 2-713, Wis.StatAnn. § 402.713 (West 1994), which provides a measure of the buyer’s damages for nondelivery or repudiation: Subject to § 402.”
Dental Health Prods. Inc v. Sunshine Cleaning Gen. Servs. Inc (E.D. Wis. 2023). “715, which defines “Buyer’s incidental and consequential damages,” reads: (1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially…”
Buddy's Plant Plus Corp. v. Viking Masek Global Packaging Tech., LLC (Wis. Ct. App. 2025). “§ 402.713(1). However, Article 2 allows buyers and sellers, subject to certain limits discussed below, to make other remedies available in their contract, including “limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of…”
— Wis. Stat. § 402.713(1) — 1 case
Buddy's Plant Plus Corp. v. Viking Masek Global Packaging Tech., LLC (Wis. Ct. App. 2025). “§ 402.713(1). However, Article 2 allows buyers and sellers, subject to certain limits discussed below, to make other remedies available in their contract, including “limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of…”
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