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Comparison definition. [[13134]] Can an aggrieved seller who has resold goods recover the difference between the unpaid contract price and the market price under 2-708 (1), even when market price damages would exceed resale price damages under 2-706?

Commentators and courts have taken two different approaches to this issue. Relying on the text and context of the sellers' remedies provisions, some commentators have argued that the drafters of the UCC intended for sellers to be able to recover either market price damages or resale price damages, even if the seller resold the goods for more than the market price. See, e.g., ...