Idaho State Statutes - Idaho Attorney Directory

LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND
BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS. (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 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 28-12-518(2), or is by purchase or
otherwise, the measure of damages for nondelivery 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 28-12-516(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.

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