§ 6A-2.1-519 - Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.
SECTION 6A-2.1-519
§ 6A-2.1-519 Lessee's damages fornondelivery, repudiation, default, and breach of warranty in regard to acceptedgoods. – (1) Except as otherwise provided with respect to damages liquidated in thelease agreement (§ 6A-2.1-504) or otherwise determined pursuant toagreement of the parties (§§ 6A-1-302 and 6A-2.1-503), if a lesseeelects not to cover or a lessee elects to cover and the cover is by leaseagreement that for any reason does not qualify for treatment under §6A-2.1-518(2), or is by purchase or otherwise, the measure of damages fornondelivery or repudiation by the lessor or for rejection or revocation ofacceptance 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 theoriginal rent, computed for the remaining lease term of the original leaseagreement, together with incidental and consequential damages, less expensessaved in consequence of the lessor's default.
(2) Market rent is to be determined as of the place fortender or, in cases of rejection after arrival or revocation of acceptance, asof the place of arrival.
(3) Except as otherwise agreed, if the lessee has acceptedgoods and given notification (§ 6A-2.1-516(3)), the measure of damages fornonconforming tender or delivery or other default by a lessor is the lossresulting in the ordinary course of events from the lessor's default asdetermined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault.
(4) Except as otherwise agreed, the measure of damages forbreach of warranty is the present value at the time and place of acceptance ofthe difference between the value of the use of the goods accepted and the valueif they had been as warranted for the lease term, unless special circumstancesshow proximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault or breach of warranty.