[§481G-4]  Wrongful or illegal termination;
unreasonable nonrenewal; damages; defenses.  (a)  Except as provided in
section 481G-5, a distributor shall be liable to a dealer who sells the
products of the distributor under a dealership from the distributor for damages
and such equitable relief as the court deems proper resulting from the wrongful
or illegal termination or cancellation of the dealership during its term or the
distributor's unreasonable refusal to renew the dealership.



(b)  A dealer suffering damages as a result of
the termination or cancellation of, or failure to renew, the dealership may
bring an action under this section against the distributor who wrongfully or
illegally terminated, canceled, or unreasonably refused to renew the dealership
in the court of general jurisdiction of the dealer's principal place of
business.  The action may be brought without regard to the amount in
controversy.  If the dealer prevails in the action, the dealer may recover
actual damages sustained, the costs of the suit, including reasonable
attorney's fees, and such equitable relief as the court deems proper.



The court may also grant such temporary relief
as it may deem necessary and proper.



(c)  It shall be a defense to any action
brought under this section that the dealership was terminated, canceled, or not
renewed because:



(1)  The dealer failed to comply substantially with
essential and reasonable requirements of the dealership;



(2)  The dealer failed to act in good faith in
carrying out the terms and provisions of the dealership; or



(3)  Of any of the reasons enumerated in section
481G-5; or



(4)  Of other legitimate business reasons; provided
that a termination, cancellation, or failure to renew a dealership for the
purpose of enabling the distributor to assume operation of the dealer's
business shall not be considered to be a legitimate business reason unless the
dealer is paid reasonable compensation for the value of the dealership,
including good will.



(d)  No action may be brought under this
section for a cause of action which arose more than two years prior to the date
on which the action is brought. [L 1983, c 285, pt of §1]