{"data":{"id":"us-ky/krs-355.2-723","jurisdiction":"us-ky","citation":"KRS 355.2-723","heading":"Proof of market price: time and place.","body":"(1) If an action based on anticipatory repudiation comes to trial before the time for\nperformance with respect to some or all of the goods, any damages based on market\nprice (KRS 355.2 -708 or 355.2 -713) shall be determined according to the price of\nsuch goods prevailing at the time when the aggrieved party learned of the\nrepudiation.\n(2) If evidence of a price prevailing at the times or places described in this article is not\nreadily available the price prevailing within any reasonable time before or after the\ntime described or at any other place which in commercial judgment or under usage\nof trade would serve as a reasonable substitute for the one described may be used,\nmaking any proper allowance for the cost of transporting the goods to or from such\nother place.\n(3) Evidence of a relevant price prevailing at a time or place other than the one\ndescribed in this article offered by one party is not admissible unless and until he\nhas given the other party such notice as the court finds sufficient to prevent unfair\nsurprise.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33345","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"def4d08ea108f8a395b56a5a770ac0e47dc7089b43ba60a0b3b18891ebd747a1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-722","next":"us-ky/krs-355.2-724"},"notice":"GroundRules: Original legal text. Not legal advice."}