47-2A519. Lessee's damages for nondelivery,
repudiation, default and breach of warranty in regard to accepted
goods


A. Except as otherwise provided with respect to damages liquidated in the lease
agreement (section 47-2A504) or otherwise determined pursuant to agreement of the parties
(sections 47-1302 and 47-2A503), 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 section 47-2A518, subsection B, or is by purchase or otherwise, the
measure of damages for nondelivery 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.


B. 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.


C. Except as otherwise agreed, if the lessee has accepted goods and given
notification (section 47-2A516, subsection C), 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.


D. 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.