2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A5 - Default
Section 2A519 - Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods

     § 2A519.  Lessee's damages for nondelivery, repudiation, default
                and breach of warranty in regard to accepted goods.
        (a)  Measure of damages for nondelivery or rejection.--Except
     as otherwise provided with respect to damages liquidated in the
     lease agreement (section 2A504) or otherwise determined pursuant
     to agreement of the parties (sections 1302 and 2A503), 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 2A518(b) (relating to cover;
     substitute goods), 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.
        (b)  Determination of market rent.--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.
        (c)  Measure of damages for nonconforming tender or delivery
     or other default.--Except as otherwise agreed, if the lessee has
     accepted goods and given notification (section 2A516(c)), the
     measure of damages for nonconforming tender or delivery or other
     default by a lessor is the loss resulting in the ordinary course
     of events from the lessor's default as determined in any manner
     that is reasonable together with incidental and consequential
     damages, less expenses saved in consequence of the lessor's
     default.
        (d)  Measure of damages for breach of warranty.--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 the use 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 with incidental and consequential
     damages, less expenses saved in consequence of the lessor's
     default or breach of warranty.
     (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)

        2008 Amendment.  Act 13 amended subsec. (a).
        Cross References.  Section 2A519 is referred to in sections
     2A507, 2A508, 2A518 of this title.