HRS §490:2-713

What a buyer can recover when a seller fails to deliver

Read the official text at capitol.hawaii.gov ↗

If a seller does not deliver goods or backs out of the deal, the buyer can sue for the difference between the contract price and the market price at the time the buyer learned of the breach. The buyer can also get extra costs caused by the breach, minus any expenses saved. Market price is based on where the goods were to be delivered or where they arrived.

buyers

The statute, as written — Buyer's damages for nondelivery or repudiation

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(1) Subject to the provisions of this article with respect to proof of market price (section 490:2-723), 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 this article (section 490:2-715), but less expenses saved in consequence of the seller's breach. (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.

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:2-715 What a buyer can recover when a seller breaks the deal

§490:2-723 How to prove market price after a contract is broken early

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.