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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A5 - Default
Section 2A507 - Proof of market rent: time and place
§ 2A507. Proof of market rent: time and place.
(a) Rent prevailing; general rule.--Damages based on market
rent (section 2A519 or 2A528) are determined according to the
rent for the use of the goods concerned for a lease term
identical to the remaining lease term of the original lease
agreement and prevailing at the times specified in sections
2A519 (relating to lessee's damages for nondelivery,
repudiation, default and breach of warranty in regard to
accepted goods) and 2A528 (relating to lessor's damages for
nonacceptance, failure to pay, repudiation or other default).
(b) Rent prevailing at other times.--If evidence of rent for
the use of the goods concerned for a lease term identical to the
remaining lease term of the original lease agreement and
prevailing at the times or places described in this division is
not readily available, the rent prevailing within any reasonable
time before or after the time described or at any other place or
for a different lease term which in commercial judgment or under
usage of trade would serve as a reasonable substitute for the
one described may be used, making any proper allowance for the
difference, including the cost of transporting the goods to or
from the other place.
(c) Admissibility of new prevailing rent.--Evidence of a
relevant rent prevailing at a time or place or for a lease term
other than the one described in this division offered by one
party is not admissible unless and until he has given the other
party notice the court finds sufficient to prevent unfair
surprise.
(d) Admissibility of market quotations.--If the prevailing
rent or value of any goods regularly leased in any established
market is in issue, reports in official publications or trade
journals or in newspapers or periodicals of general circulation
published as the reports of that market are admissible in
evidence. The circumstances of the preparation of the report may
be shown to affect its weight but not its admissibility.
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