§ 2-A-519 — Lessee's Damages for Non-delivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods

Section 2-A-519. Lessee's Damages for Non-delivery, Repudiation,\n Default, and Breach of Warranty in Regard to Accepted\n Goods.\n (1) Except as otherwise provided with respect to damages liquidated in\nthe lease agreement (Section 2-A-504) or otherwise determined pursuant\nto agreement of the parties (Section 1--302 and 2-A-503), if a lessee\nelects not to cover or a lessee elects to cover and the cover is by\nlease agreement, whether or not the lease agreement qualifies for\ntreatment under Section 2-A-518(2), or is by purchase or otherwise, the\nmeasure of damages for non-delivery or repudiation by the lessor or for\nrejection or revocation of acceptance by the lessee is the present\nvalue, as of the date of the default, of the then market rent minus the\npresent value as of the same date of the original rent, computed for the\nremaining lease term of the original lease agreement, together with\nincidental and consequential damages, less expenses saved in consequence\nof the lessor's default.\n (2) Market rent is to be determined as of the place for tender or, in\ncases of rejection after arrival or revocation of acceptance, as of the\nplace of arrival.\n (3) Except as otherwise agreed, if the lessee has accepted goods and\ngiven notification (Section 2-A-516(3)), the measure of damages for\nnon-conforming tender or delivery or other default by a lessor is the\nloss resulting in the ordinary course of events from the lessor's\ndefault as determined in any manner that is reasonable together with\nincidental and consequential damages, less expenses saved in consequence\nof the lessor's default.\n (4) Except as otherwise agreed, the measure of damages for breach of\nwarranty is the present value at the time and place of acceptance of the\ndifference between the value of the use of the goods accepted and the\nvalue if they had been as warranted for the lease term, unless special\ncircumstances show proximate damages of a different amount, together\nwith incidental and consequential damages, less expenses saved in\nconsequence of the lessor's default or breach of warranty.\n