47-2A507. Proof of market rent; time and
place
A. Damages based on market rent (section 47-2A519 or 47-2A528) are determined
according to the rent for the use of the goods concerned for a lease term identical to
the remaining lease term of the original lease agreement and prevailing at the times
specified in sections 47-2A519 and 47-2A528.
B. If evidence of rent for the use of the goods concerned for a lease term
identical to the remaining lease term of the original lease agreement and prevailing at
the times or places described in this chapter is not readily available, the rent
prevailing within any reasonable time before or after the time described or at any other
place or for a different lease term which in commercial judgment or under usage of trade
would serve as a reasonable substitute for the one described may be used, making any
proper allowance for the difference, including the cost of transporting the goods to or
from the other place.
C. Evidence of a relevant rent prevailing at a time or place or for a lease term
other than the one described in this chapter offered by one party is not admissible
unless and until he has given the other party notice the court finds sufficient to
prevent unfair surprise.
D. If the prevailing rent or value of any goods regularly leased in any established
market is in issue, reports in official publications or trade journals or in newspapers
or periodicals of general circulation published as the reports of that market are
admissible in evidence. The circumstances of the preparation of the report may be shown
to affect its weight but not its admissibility.
|