[Previous] [Next]
§12A-2A-507.
§12A-2A-507.
PROOF OF MARKET RENT; TIME AND PLACE
(1) Damages based on market rent (Section 2A-519 or 2A-528 of this
title) 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 2A-519 and 2A-528 of this title.
(2) 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
article 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.
(3) Evidence of a relevant rent prevailing at a time or place or for a
lease term other than the one described in this article 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.
(4) 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.
[Previous] [Next]