7-2A-520
Section 7-2A-520 Lessee's incidental and consequential damages. (1) Incidental damages resulting
from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation,
and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably
revoked, any commercially reasonable charges, expenses or commissions in connection with effecting
cover, and any other reasonable expense incident to the default. (2) Consequential damages
resulting from a lessor's default include: (a) any loss resulting from general or particular
requirements and needs of which the lessor at the time of contracting had reason to know and
which could not reasonably be prevented by cover or otherwise; and (b) injury to person or
property proximately resulting from any breach of warranty. (Acts 1992, 2nd Ex. Sess., No.
92-700, p. 92, §520.)...
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7-2-715
Section 7-2-715 Buyer's incidental and consequential damages. (1) Incidental damages resulting
from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation
and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses
or commissions in connection with effecting cover and any other reasonable expense incident
to the delay or other breach. (2) Consequential damages resulting from the seller's breach
include: (a) Any loss resulting from general or particular requirements and needs of which
the seller at the time of contracting had reason to know and which could not reasonably be
prevented by cover or otherwise; and (b) Injury to person or property proximately resulting
from any breach of warranty. (Acts 1965, No. 549, p. 811.)...
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7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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7-2A-519
Section 7-2A-519 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 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-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 7-2A-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...
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7-2A-530
Section 7-2A-530 Lessor's incidental damages. Incidental damages to an aggrieved lessor include
any commercially reasonable charges, expenses, or commissions incurred in stopping delivery,
in the transportation, care and custody of goods after the lessee's default, in connection
with return or disposition of the goods, or otherwise resulting from the default. (Acts 1992,
2nd Ex. Sess., No. 92-700, p. 92, §530.)...
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7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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7-2A-518
Section 7-2A-518 Cover; substitute goods. (1) After a default by a lessor under the lease contract
of the type described in Section 7-2A-508(1), or, if agreed, after other default by the lessor,
the lessee may cover by making any purchase or lease of or contract to purchase or lease goods
in substitution for those due from the lessor. (2) Except as otherwise provided with respect
to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise determined pursuant
to agreement of the parties (Sections 7-1-302 and 7-2A-503), if a lessee's cover is by a lease
agreement substantially similar to the original lease agreement and the new lease agreement
is made in good faith and in a commercially reasonable manner, the lessee may recover from
the lessor as damages (i) the present value, as of the date of the commencement of the term
of the new lease agreement, of the rent under the new lease agreement applicable to that period
of the new lease term which is comparable to the then...
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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under the lease
contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or, if agreed, after
other default by the lessee, if the lessor complies with subsection (2), the lessor may recover
from the lessee as damages: (a) for goods accepted by the lessee and not repossessed by or
tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable
time after risk of loss passes to the lessee (Section 7-2A-219), (i) accrued and unpaid rent
as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the
same date of the rent for the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under Section 7-2A-530, less expenses saved in consequence
of the lessee's default; and (b) for goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable...
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7-2A-528
Section 7-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other
default. (1) Except as otherwise provided with respect to damages liquidated in the lease
agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of the parties
(Sections 7-1-302 and 7-2A-503), if a lessor elects to retain the goods or a lessor elects
to dispose of the goods and the disposition is by lease agreement that for any reason does
not qualify for treatment under Section 7-2A-527(2), or is by sale or otherwise, the lessor
may recover from the lessee as damages for a default of the type described in Section 7-2A-523(1)
or 7-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid
rent as of the date of default if the lessee has never taken possession of the goods, or,
if the lessee has taken possession of the goods, as of the date the lessor repossesses the
goods or an earlier date on which the lessee makes a tender of the goods to the...
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