Idaho State Statutes - Idaho Attorney Directory

(1) Damages based on
market rent (section 28-12-519 or 28-12-528) are determined according to the
rent for the use of the goods concerned for a lease term identical to the
remaining lease term of the original lease agreement and prevailing at the
times specified in sections 28-12-519 and 28-12-528.
(2) If evidence of rent for the use of the goods concerned for a lease
term identical to the remaining lease term of the original lease agreement and
prevailing at the times or places described in this chapter is not readily
available, the rent prevailing within any reasonable time before or after the
time described or at any other place or for a different lease term which in
commercial judgment or under usage of trade would serve as a reasonable
substitute for the one described may be used, making any proper allowance for
the difference, including the cost of transporting 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 than the one described in this chapter offered by one (1)
party is not admissible unless and until he has given 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 market is in issue, reports in official publications or trade
journals or in newspapers or periodicals of general circulation published as
the reports of that market are admissible in evidence. The circumstances of
the preparation of the report may be shown to affect its weight but not its
admissibility.

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