Section 2A–519. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A–504) or otherwise determined pursuant to agreement of the parties (Sections 1–302 and 2A–503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Section 2A–518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification (Section 2A–516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential 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 the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 2a-511 - Merchant Lessee's Duties as to Rightfully Rejected Goods
Section 2a-512 - Lessee's Duties as to Rightfully Rejected Goods
Section 2a-504 - Liquidation of Damages
Section 2a-514 - Waiver of Lessee's Objections
Section 2a-510 - Installment Lease Contracts: Rejection and Default
Section 2a-513 - Cure by Lessor of Improper Tender or Delivery; Replacement
Section 2a-509 - Lessee's Rights on Improper Delivery; Rightful Rejection
Section 2a-105 - Territorial Application of Article to Goods Covered by Certificate of Title
Section 2a-507 - Proof of Market Rent: Time and Place
Section 2a-103 - Definitions and Index of Definitions
Section 2a-104 - Leases Subject to Other Law
Section 2a-515 - Acceptance of Goods
Section 2a-508 - Lessee's Remedies
Section 2a-523 - Lessor's Remedies
Section 2a-518 - Cover; Substitute Goods
Section 2a-532 - Lessor's Rights to Residual Interest
Section 2a-531 - Standing to Sue Third Parties for Injury to Goods
Section 2a-530 - Lessor's Incidental Damages
Section 2a-529 - Lessor's Action for the Rent
Section 2a-528 - Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Section 2a-527 - Lessor's Rights to Dispose of Goods
Section 2a-517 - Revocation of Acceptance of Goods
Section 2a-526 - Lessor's Stoppage of Delivery in Transit or Otherwise
Section 2a-524 - Lessor's Right to Identify Goods to Lease Contract
Section 2a-522 - Lessee's Right to Goods on Lessor's Insolvency
Section 2a-521 - Lessee's Right to Specific Performance or Replevin
Section 2a-520 - Lessee's Incidental and Consequential Damages
Section 2a-525 - Lessor's Right to Possession of Goods
Section 2a-107 - Waiver or Renunciation of Claim or Right After Default
Section 2a-109 - Option to Accelerate at Will
Section 2a-304 - Subsequent Lease of Goods by Lessor
Section 2a-305 - Sale or Sublease of Goods by Lessee
Section 2a-306 - Priority of Certain Liens Arising by Operation of Law
Section 2a-308 - Special Rights of Creditors
Section 2a-309 - Lessor's and Lessee's Rights When Goods Become Fixtures
Section 2a-310 - Lessor's and Lessee's Rights When Goods Become Accessions.
Section 2a-311 - Priority Subject to Subordination
Section 2a-401 - Insecurity: Adequate Assurance of Performance
Section 2a-402 - Anticipatory Repudiation
Section 2a-403 - Retraction of Anticipatory Repudiation
Section 2a-404 - Substituted Performance
Section 2a-405 - Excused Performance
Section 2a-406 - Procedure on Excused Performance
Section 2a-407 - Irrevocable Promises: Finance Leases
Section 2a-501 - Default: Procedure
Section 2a-502 - Notice After Default
Section 2a-503 - Modification or Impairment of Rights and Remedies
Section 2a-302 - Title to and Possession of Goods
Section 2a-108 - Unconscionability
Section 2a-301 - Enforceability of Lease Contract
Section 2a-220 - Effect of Default on Risk of Loss
Section 2a-201 - Statute of Frauds
Section 2a-202 - Final Written Expression: Parol or Extrinsic Evidence
Section 2a-203 - Seals Inoperative
Section 2a-204 - Formation in General
Section 2a-206 - Offer and Acceptance in Formation of Lease Contract
Section 2a-208 - Modification, Rescission and Waiver
Section 2a-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2a-221 - Casualty to Identified Goods
Section 2a-210 - Express Warranties
Section 2a-212 - Implied Warranty of Merchantability
Section 2a-213 - Implied Warranty of Fitness for Particular Purpose
Section 2a-214 - Exclusion or Modification of Warranties
Section 2a-214a - Limitation on Exclusion or Modification of Warranties
Section 2a-215 - Cumulation and Conflict of Warranties Express or Implied
Section 2a-216 - Lack of Privity in Actions Against a Manufacturer, Supplier or Lessor of Goods
Section 2a-506 - Statute of Limitations