Sec. 42a-2A-735. Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.
Sec. 42a-2A-735. Lessee's damages for nondelivery, repudiation, default and
breach of warranty in regard to accepted goods. (a) Except as otherwise provided
with respect to damages liquidated in the lease agreement or otherwise determined by
agreement of the parties, 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 42a-2A-734, 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
period of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(b) Market rent is determined as of the place for tender or, in cases of rejection after
arrival or revocation of acceptance, as of the place of arrival.
(P.A. 02-131, S. 88.)