Section 45.12.518. Cover; substitute goods.

   (a) After a default, by a lessor under the lease contract, of the type described in AS 45.12.508(a), or, if agreed, after other default by the lessor, the lessee may cover by making a purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
   (b) Except as otherwise provided under AS 45.12.504 with respect to damages liquidated in the lease agreement or otherwise determined under agreement of the parties under AS 45.01.302 and AS 45.12.503, if a lessee's cover is by 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
        (1) 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 that is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement; and
        (2) incidental or consequential damages, less expenses saved in consequence of the lessor's default.
   (c) If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under (b) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and AS 45.12.519 governs.

Authorities

45.12.508;45.12.519

Notes

References

AS 45.12.508 Lessee's remedies.
AS 45.12.519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.

History

(Sec. 125 ch 35 SLA 1993; am Sec. 88 ch 44 SLA 2009)