8.2A-507 - A-507. Proof of market rent; time and place.
§ 8.2A-507. Proof of market rent; time and place.
(1) Damages based on market rent as provided in § 8.2A-519 or § 8.2A-528 aredetermined according to the rent for the use of the goods concerned for alease term identical to the remaining lease term of the original leaseagreement and prevailing at the times specified in §§ 8.2A-519 and 8.2A-528.
(2) If evidence of rent for the use of the goods concerned for a lease termidentical to the remaining lease term of the original lease agreement andprevailing at the times or places described in this title is not readilyavailable, the rent prevailing within any reasonable time before or after thetime described or at any other place or for a different lease term which incommercial judgment or under usage of trade would serve as a reasonablesubstitute for the one described may be used, making any proper allowance forthe difference, including the cost of transporting the goods to or from theother place.
(3) Evidence of a relevant rent prevailing at a time or place or for a leaseterm other than the one described in this title offered by one party is notadmissible unless and until he or she has given the other party notice thecourt finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in anyestablished market is in issue, reports in official publications or tradejournals or in newspapers or periodicals of general circulation published asthe reports of that market are admissible in evidence. The circumstances ofthe preparation of the report may be shown to affect its weight but not itsadmissibility.
(1991, c. 536.)