§ 6A-2.1-507 - Proof of market rent: Time and place.
SECTION 6A-2.1-507
§ 6A-2.1-507 Proof of market rent: Timeand place. – (1) Damages based on market rent (§ 6A-2.1-519 or 6A-2.1-528) aredetermined according to the rent for the use of the goods concerned for a leaseterm identical to the remaining lease term of the original lease agreement andprevailing at the times specified in §§ 6A-2.1-519 and 6A-2.1-528.
(2) If evidence of rent for the use of the goods concernedfor a lease term identical to the remaining lease term of the original leaseagreement and prevailing at the times or places described in this chapter isnot readily available, the rent prevailing within any reasonable time before orafter the time described or at any other place or for a different lease termwhich in commercial judgment or under usage of trade would serve as areasonable substitute for the one described may be used, making any properallowance for the difference, including the cost of transporting the goods toor from the other place.
(3) Evidence of a relevant rent prevailing at a time or placeor for a lease term other than the one described in this chapter offered by oneparty is not admissible unless and until he or she has given the other partynotice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularlyleased in any established market is in issue, reports in official publicationsor trade journals or in newspapers or periodicals of general circulationpublished as the reports of that market are admissible in evidence. Thecircumstances of the preparation of the report may be shown to affect itsweight but not its admissibility.