§ 25-2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.
§ 25‑2A‑519. Lessee's damages for nondelivery, repudiation, default, and breach of warrantyin regard to accepted goods.
(1) Except as otherwiseprovided with respect to damages liquidated in the lease agreement (G.S. 25‑2A‑504)or otherwise determined pursuant to agreement of the parties (G.S. 25‑1‑302and G.S. 25‑2A‑503), if a lessee elects not to cover or a lesseeelects to cover and the cover is by lease agreement that for any reason doesnot qualify for treatment under G.S. 25‑2A‑518(2), or is by purchaseor otherwise, the measure of damages for nondelivery or repudiation by thelessor or for rejection or revocation of acceptance by the lessee is thepresent value, as of the date of the default, of the then market rent minus thepresent value as of the same date of the original rent, computed for theremaining lease term of the original lease agreement, together with incidentaland consequential damages, less expenses saved in consequence of the lessor'sdefault.
(2) Market rent is tobe determined as of the place for tender or, in cases of rejection afterarrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwiseagreed, if the lessee has accepted goods and given notification (G.S. 25‑2A‑516(3)),the measure of damages for nonconforming tender or delivery or other default bya lessor is the loss resulting in the ordinary course of events from thelessor's default as determined in any manner that is reasonable together withincidental and consequential damages, less expenses saved in consequence of thelessor's default.
(4) Except as otherwiseagreed, the measure of damages for breach of warranty is the present value atthe time and place of acceptance of the difference between the value of the useof the goods accepted and the value if they had been as warranted for the leaseterm, unless special circumstances show proximate damages of a differentamount, together with incidental and consequential damages, less expenses savedin consequence of the lessor's default or breach of warranty. (1993, c. 463, s. 1; 2006‑112,s. 9.)