California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 4 — General Provisions, Section 3353

In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale.

Notes

Sets a seller’s property value for damage calculations at the price the seller could have obtained in the market nearest the place where the buyer should have accepted the property. The relevant market time is the point after breach when, using reasonable diligence, the seller would have had enough time to resell the property.

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