Which statement best describes the damages measure when a buyer accepts nonconforming goods?

• A. Difference between the expected value and the actual value
• B. Replacement cost
• C. Market value of conforming goods
• D. Original contract price

Answer: (A)

When a buyer accepts nonconforming goods, damages are measured by the diminution in value caused by the breach. In other words, the recovery is based on the difference between what the goods are worth as delivered and what they would have been worth if they had been conforming, plus incidental and consequential damages arising from the breach. For example, if the nonconforming goods are worth $800 but conforming goods would have been worth $1,000, the basic damages are $200, with any additional costs the buyer incurred as a result of the breach. Replacement cost or cover is a separate remedy the buyer can pursue, but that measures damages differently and is not the baseline when the buyer has already accepted the goods. Relying on the original contract price ignores the actual loss from the nonconformity, so it isn’t the correct measure here.