substitute place’. Since the costs of transporting the goods are to be taken into account, the substitute place is usually the suitable place closest to the place of performance. Comparison with other legal provisions

doi:10.4324/9780203945445-209

Chapter

substitute place’. Since the costs of transporting the goods are to be taken into account, the substitute place is usually the suitable place closest to the place of performance. Comparison with other legal provisions

Chapter

ABSTRACT

UP 2004 Art. 7.4.6. (1) Where the aggrieved party has terminated the contract and has not made a replacement transaction but there is a current price for the performance contracted for, it may recover the difference between the contract price and the price current at the time the contract is terminated as well as damages for any further harm. (2) Current price is the price generally charged for goods delivered or services rendered in comparable circumstances at the place where the contract should have been performed or, if there is no current price at that place, the current price at such other place that appears reasonable to take as a reference.