70A-2a-507 - Proof of market rent -- Time and place. - Utah Statutes

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70A-2a-507. Proof of market rent -- Time and place.
(1) Damages based on market rent as provided in Section 70A-2a-519 or 70A-2a-528 aredetermined according to the rent for the use of the goods concerned for a lease term identical tothe remaining lease term of the original lease agreement and prevailing at the times specified inSections 70A-2a-519 and 70A-2a-528.
(2) If evidence of rent for the use of the goods concerned for a lease term identical to theremaining lease term of the original lease agreement and prevailing at the times or placesdescribed in this chapter is not readily available, the rent prevailing within any reasonable timebefore or after the time described or at any other place or for a different lease term which incommercial judgment or under usage of trade would serve as a reasonable substitute for the onedescribed may be used, making any proper allowance for the difference, including the cost oftransporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other thanthe one described in this chapter offered by one party is not admissible unless and until he hasgiven the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in any established marketis in issue, reports in official publications or trade journals or in newspapers or periodicals ofgeneral circulation published as the reports of that market are admissible in evidence. Thecircumstances of the preparation of the report may be shown to affect its weight but not itsadmissibility.

Amended by Chapter 237, 1993 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-507

70A-2a-507. Proof of market rent -- Time and place.
(1) Damages based on market rent as provided in Section 70A-2a-519 or 70A-2a-528 aredetermined according to the rent for the use of the goods concerned for a lease term identical tothe remaining lease term of the original lease agreement and prevailing at the times specified inSections 70A-2a-519 and 70A-2a-528.
(2) If evidence of rent for the use of the goods concerned for a lease term identical to theremaining lease term of the original lease agreement and prevailing at the times or placesdescribed in this chapter is not readily available, the rent prevailing within any reasonable timebefore or after the time described or at any other place or for a different lease term which incommercial judgment or under usage of trade would serve as a reasonable substitute for the onedescribed may be used, making any proper allowance for the difference, including the cost oftransporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other thanthe one described in this chapter offered by one party is not admissible unless and until he hasgiven the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in any established marketis in issue, reports in official publications or trade journals or in newspapers or periodicals ofgeneral circulation published as the reports of that market are admissible in evidence. Thecircumstances of the preparation of the report may be shown to affect its weight but not itsadmissibility.

Amended by Chapter 237, 1993 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-507

70A-2a-507. Proof of market rent -- Time and place.
(1) Damages based on market rent as provided in Section 70A-2a-519 or 70A-2a-528 aredetermined according to the rent for the use of the goods concerned for a lease term identical tothe remaining lease term of the original lease agreement and prevailing at the times specified inSections 70A-2a-519 and 70A-2a-528.
(2) If evidence of rent for the use of the goods concerned for a lease term identical to theremaining lease term of the original lease agreement and prevailing at the times or placesdescribed in this chapter is not readily available, the rent prevailing within any reasonable timebefore or after the time described or at any other place or for a different lease term which incommercial judgment or under usage of trade would serve as a reasonable substitute for the onedescribed may be used, making any proper allowance for the difference, including the cost oftransporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other thanthe one described in this chapter offered by one party is not admissible unless and until he hasgiven the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in any established marketis in issue, reports in official publications or trade journals or in newspapers or periodicals ofgeneral circulation published as the reports of that market are admissible in evidence. Thecircumstances of the preparation of the report may be shown to affect its weight but not itsadmissibility.

Amended by Chapter 237, 1993 General Session