28-12-528. LESSOR’S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under section 28-12-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in section 28-12-523(1) or 28-12-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of this subsection, of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default.
(2) If the measure of damages provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 28-12-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
History:
[28-12-528, added 1993, ch. 287, sec. 1, p. 1011; am. 2004, ch. 43, sec. 42, p. 163.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Section 28-12-501 - DEFAULT — PROCEDURE.
Section 28-12-502 - NOTICE AFTER DEFAULT.
Section 28-12-503 - MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES.
Section 28-12-504 - LIQUIDATION OF DAMAGES.
Section 28-12-506 - STATUTE OF LIMITATIONS.
Section 28-12-507 - PROOF OF MARKET RENT — TIME AND PLACE.
Section 28-12-508 - LESSEE’S REMEDIES.
Section 28-12-509 - LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION.
Section 28-12-510 - INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT.
Section 28-12-511 - MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-12-512 - LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-12-513 - CURE BY LESSOR OF IMPROPER TENDER OR DELIVERY — REPLACEMENT.
Section 28-12-514 - WAIVER OF LESSEE’S OBJECTIONS.
Section 28-12-515 - ACCEPTANCE OF GOODS.
Section 28-12-517 - REVOCATION OF ACCEPTANCE OF GOODS.
Section 28-12-518 - COVER — SUBSTITUTE GOODS.
Section 28-12-520 - LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-12-521 - LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.
Section 28-12-522 - LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY.
Section 28-12-523 - LESSOR’S REMEDIES.
Section 28-12-524 - LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.
Section 28-12-525 - LESSOR’S RIGHT TO POSSESSION OF GOODS.
Section 28-12-526 - LESSOR’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-12-527 - LESSOR’S RIGHTS TO DISPOSE OF GOODS.
Section 28-12-529 - LESSOR’S ACTION FOR THE RENT.
Section 28-12-530 - LESSOR’S INCIDENTAL DAMAGES.
Section 28-12-531 - STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS.