{"data":{"id":"us-ky/krs-355.2a-519","jurisdiction":"us-ky","citation":"KRS 355.2A-519","heading":"Lessee's damages for nondelivery, repudiation, default, and breach of","body":"warranty in regard to accepted goods.\n(1) Except as otherwise provided with respect to damages liquidated in the lease\nagreement (KRS 355.2A-504) or otherwise determined pursuant to agreement of the\nparties (KRS 355.1-302 and 355.2A-503), if a lessee elects not to cover or a lessee\nelects to cover and the cover is by lease agreement that for any reason does not\nqualify for treatment under subsection (2) of KRS 355.2A -518, or is by purchase or\notherwise, the measure of damages for nondelivery or repudiation by the lessor or\nfor rejection or revocation of acceptance by the lessee is the present value, as of the\ndate of the default, of the then market rent minus the present value as o f the same\ndate of the original rent, computed for the remaining lease term of the original lease\nagreement, together with incidental and consequential damages, less expenses saved\nin consequence of the lessor's default.\n(2) Market rent is to be determined  as of the place for tender or, in cases of rejection\nafter arrival or revocation of acceptance, as of the place of arrival.\n(3) Except as otherwise agreed, if the lessee has accepted goods and given notification\n(KRS 355.2A -516(3)), the measure of damages  for nonconforming tender or\ndelivery or other default by a lessor is the loss resulting in the ordinary course of\nevents from the lessor's default as determined in any manner that is reasonable\ntogether with incidental and consequential damages, less expe nses saved in\nconsequence of the lessor's default.\n(4) Except as otherwise agreed, the measure of damages for breach of warranty is the\npresent value at the time and place of acceptance of the difference between the\nvalue of the use of the goods accepted a nd the value if they had been as warranted\nfor the lease term, unless special circumstances show proximate damages of a\ndifferent amount, together with incidental and consequential damages, less expenses\nsaved in consequence of the lessor's default or breach of warranty.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33415","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"cea55c140af9deeeae49d238e0775336c5d23133f4c8c4cdf52539474f01f96b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-518","next":"us-ky/krs-355.2a-520"},"notice":"GroundRules: Original legal text. Not legal advice."}