§2-1528. 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 2‑1504) or otherwise determined pursuant to agreement of the parties, (section 1‑1302 and section 2‑1503), 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 2‑1527, subsection (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 2‑1523, subsection (1) or section 2‑1523, subsection (3), paragraph (a), or, if agreed, for other default of the lessee:
(a). 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; [PL 1991, c. 805, §4 (NEW).]
(b). The present value as of the date determined under 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 [PL 1991, c. 805, §4 (NEW).]
(c). Any incidental damages allowed under section 2‑1530 minus expenses saved in consequence of the lessee's default. [PL 1991, c. 805, §4 (NEW).]
[PL 2009, c. 325, Pt. B, §13 (AMD); PL 2009, c. 325, Pt. B, §27 (AFF).]
(2). If the measure of damages provided in subsection (1) 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 2‑1530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW). PL 2009, c. 325, Pt. B, §13 (AMD). PL 2009, c. 325, Pt. B, §27 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
11 §2-1501. Default; procedure
11 §2-1502. Notice after default
11 §2-1503. Modification or impairment of rights and remedies
11 §2-1504. Liquidation of damages
11 §2-1506. Statute of limitations
11 §2-1507. Proof of market rent; time and place
11 §2-1509. Lessee's rights on improper delivery; rightful rejection
11 §2-1510. Installment lease contracts; rejection and default
11 §2-1511. Merchant lessee's duties as to rightfully rejected goods
11 §2-1512. Lessee's duties as to rightfully rejected goods
11 §2-1513. Cure by lessor of improper tender or delivery; replacement
11 §2-1514. Waiver of lessee's objections
11 §2-1515. Acceptance of goods
11 §2-1517. Revocation of acceptance of goods
11 §2-1518. Cover; substitute goods
11 §2-1520. Lessee's incidental and consequential damages
11 §2-1521. Lessee's right to specific performance or replevin
11 §2-1522. Lessee's right to goods on lessor's insolvency
11 §2-1524. Lessor's right to identify goods to lease contract
11 §2-1525. Lessor's right to possession of goods
11 §2-1526. Lessor's stoppage of delivery in transit or otherwise
11 §2-1527. Lessor's rights to dispose of goods
11 §2-1528. Lessor's damages for nonacceptance, failure to pay, repudiation or other default
11 §2-1529. Lessor's action for the rent
11 §2-1530. Lessor's incidental damages
11 §2-1531. Standing to sue third parties for injury to goods