Indiana § 26-1-2.1-519 Lessee's damages for nondelivery, repudiation, default, and breach of
warranty in regard to accepted goods

Indiana Statutes

§ 26-1-2.1-519 — Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods

Indiana § 26-1-2.1-519

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2.1Leases

This text of Indiana § 26-1-2.1-519 (Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2.1-519 (2026).

Text

(1)Except as otherwise provided with respect to damages liquidated in the lease agreement (IC 26-1-2.1-504) or otherwise determined pursuant to agreement of the parties (IC 26-1-1-102(3) and IC 26-1-2.1-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under IC 26-1-2.1-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential

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(1) Except as otherwise provided with
respect to damages liquidated in the lease agreement (IC 26-1-2.1-504)
or otherwise determined pursuant to agreement of the parties (IC 26-1-1-102(3) and IC 26-1-2.1-503), if a lessee elects not to cover or
a lessee elects to cover and the cover is by lease agreement that for any
reason does not qualify for treatment under IC 26-1-2.1-518(2), or is by
purchase or otherwise, the measure of damages for non-delivery or
repudiation by the lessor or for rejection or revocation of acceptance by
the lessee is the present value, as of the date of the default, of the then
market rent minus the present value as of the same date of the original
rent, computed for the remaining lease term of the original lease
agreement, together with incidental and consequential damages, less
expenses saved in consequence of the lessor's default.
(2) Market rent 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.
(3) Except as otherwise agreed, if the lessee has accepted goods and
given notification (IC 26-1-2.1-516(3)), the measure of damages for
nonconforming tender or delivery or other default by a lessor is the loss
resulting in the ordinary course of events from the lessor's default as
determined in any manner that is reasonable together with incidental
and consequential damages, less expenses saved in consequence of the
lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach
of warranty is the present value at the time and place of acceptance of
the difference between the value of the use of the goods accepted and
the value if they had been as warranted for the lease term, unless
special circumstances show proximate damages of a different amount,
together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default or breach of warranty.