§ 554.13519

554.13519 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 554.13504) or otherwise determined pursuant to agreement of the parties(sections 554.1302 and 554.13503), if a lessee elects not to cover or a lessee elects to coverand the cover is by lease agreement that for any reason does not qualify for treatment undersection 554.13518, subsection 2, or is by purchase or otherwise, the measure of damagesfor nondelivery or repudiation by the lessor or for rejection or revocation of acceptance bythe lessee is the present value, as of the date of the default, of the then market rent minusthe present value as of the same date of the original rent, computed for the remaining leaseterm 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.

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 554.13516, subsection 3), the measure of damages for nonconforming tender ordelivery or other default by a lessor is the loss resulting in the ordinary course of events fromthe lessor’s default as determined in any manner that is reasonable together with incidentaland 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 theuse 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 withincidental and consequential damages, less expenses saved in consequence of the lessor’sdefault or breach of warranty.

special circumstances show proximate damages of a different amount, together withincidental and consequential damages, less expenses saved in consequence of the lessor’sdefault or breach of warranty. 94 Acts, ch 1052, §71; 2007 Acts, ch 41, §37Referred to in §554.13507, 554.13508, 554.13518 Sat Dec 23 11:03:36 2023 Iowa Code 2024, Section 554.13519 (24, 0)