70A-2a-519 - Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods. - Utah Statutes

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70A-2a-519. Lessee's damages for nondelivery, repudiation, default, and breach ofwarranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in the leaseagreement as provided in Section 70A-2a-504 or otherwise determined pursuant to agreement ofthe parties as provided in Sections 70A-1a-302 and 70A-2a-503, if a lessee elects not to cover ora lessee elects to cover and the cover is by lease agreement whether or not the lease agreementqualifies for treatment under Subsection 70A-2a-518(2), or is by purchase or otherwise, themeasure of damages for default by the lessor under Section 70A-2a-508 is the present value, asof the date of the default, of the then market rent minus the present value as of the same date ofthe original rent, computed for the remaining lease term of the original lease agreement togetherwith incidental and consequential damages, less expenses saved in consequence of the lessor'sdefault.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection afterarrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification asprovided in Subsection 70A-2a-516(3), the measure of damages for nonconforming tender ordelivery or other default by a lessor is the loss resulting in the ordinary course of events from thelessor's default as determined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is thepresent value at the time and place of acceptance of the difference between the value of the use ofthe goods accepted and the value if they had been as warranted for the lease term, unless specialcircumstances show proximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default or breach ofwarranty.

Amended by Chapter 272, 2007 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-519

70A-2a-519. Lessee's damages for nondelivery, repudiation, default, and breach ofwarranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in the leaseagreement as provided in Section 70A-2a-504 or otherwise determined pursuant to agreement ofthe parties as provided in Sections 70A-1a-302 and 70A-2a-503, if a lessee elects not to cover ora lessee elects to cover and the cover is by lease agreement whether or not the lease agreementqualifies for treatment under Subsection 70A-2a-518(2), or is by purchase or otherwise, themeasure of damages for default by the lessor under Section 70A-2a-508 is the present value, asof the date of the default, of the then market rent minus the present value as of the same date ofthe original rent, computed for the remaining lease term of the original lease agreement togetherwith incidental and consequential damages, less expenses saved in consequence of the lessor'sdefault.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection afterarrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification asprovided in Subsection 70A-2a-516(3), the measure of damages for nonconforming tender ordelivery or other default by a lessor is the loss resulting in the ordinary course of events from thelessor's default as determined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is thepresent value at the time and place of acceptance of the difference between the value of the use ofthe goods accepted and the value if they had been as warranted for the lease term, unless specialcircumstances show proximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default or breach ofwarranty.

Amended by Chapter 272, 2007 General Session

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-519

70A-2a-519. Lessee's damages for nondelivery, repudiation, default, and breach ofwarranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in the leaseagreement as provided in Section 70A-2a-504 or otherwise determined pursuant to agreement ofthe parties as provided in Sections 70A-1a-302 and 70A-2a-503, if a lessee elects not to cover ora lessee elects to cover and the cover is by lease agreement whether or not the lease agreementqualifies for treatment under Subsection 70A-2a-518(2), or is by purchase or otherwise, themeasure of damages for default by the lessor under Section 70A-2a-508 is the present value, asof the date of the default, of the then market rent minus the present value as of the same date ofthe original rent, computed for the remaining lease term of the original lease agreement togetherwith incidental and consequential damages, less expenses saved in consequence of the lessor'sdefault.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection afterarrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification asprovided in Subsection 70A-2a-516(3), the measure of damages for nonconforming tender ordelivery or other default by a lessor is the loss resulting in the ordinary course of events from thelessor's default as determined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is thepresent value at the time and place of acceptance of the difference between the value of the use ofthe goods accepted and the value if they had been as warranted for the lease term, unless specialcircumstances show proximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor's default or breach ofwarranty.

Amended by Chapter 272, 2007 General Session