Idaho State Statutes - Idaho Attorney Directory

(1) After a default by a lessor
under the lease contract of the type described in section 28-12-508(1), or, if
agreed, after other default by the lessor, the lessee may cover by making any
purchase or lease of or contract to purchase or lease goods in substitution
for those due from the lessor.
(2) 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 lessee's
cover is by a lease agreement substantially similar to the original lease
agreement and the new lease agreement is made in good faith and in a
commercially reasonable manner, the lessee may recover from the lessor as
damages (i) the present value, as of the date of the commencement of the term
of the new lease agreement, of the rent under the new lease agreement
applicable to that period of the new lease term which is comparable to the
then remaining term of the original lease agreement minus the present value as
of the same date of the total rent for the then remaining lease term of the
original lease agreement, and (ii) any incidental or consequential damages,
less expenses saved in consequence of the lessor's default.
(3) If a lessee's cover is by lease agreement that for any reason does
not qualify for treatment under the provisions of subsection (2) of this
section, or is by purchase or otherwise, the lessee may recover from the
lessor as if the lessee had elected not to cover and section 28-12-519
governs.

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