HRS §490:2-723
How to prove market price after a contract is broken early
This section explains how to figure out the market price of goods when a contract is broken before delivery. It says to use the price at the time the hurt party learned of the break. If that price is not available, you can use a nearby time or place, and you must tell the other side about any different price evidence before trial.
businessesbuyers
The statute, as written — Proof of market price; time and place
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (section 490:2-708 or section 490:2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation. (2) If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place. (3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
Sections this one refers to
§490:2-708 What a seller can recover when a buyer backs out
§490:2-713 What a buyer can recover when a seller fails to deliver
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