1. (a) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.

2. (b) Consequential damages resulting from a lessor’s default include:

   1. (1) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
   2. (2) Injury to person or property proximately resulting from any breach of warranty.

Uniform Commercial Code Comment

“Receipt”. Section 2-103(1)(c).

“Person”. Section 1-201(30).

“Lessor”. Section 2A-103(1)(p).

“Lessee”. Section 2A-103(1)(n).

“Knows”. Section 1-201(25).

Definitional Cross References: “Goods”. Section 2A-103(1)(h).

Cross References:Section 2-715.

Subsection (2), a revised version of the provisions of Section 2-715(2), lists some examples of consequential damages resulting from a lessor’s default; the list is not exhaustive.

Purposes: Subsection (1), a revised version of the provisions of Section 2-715(1), lists some examples of incidental damages resulting from a lessor’s default; the list is not exhaustive. Subsection (1) makes clear that it applies not only to rightful rejection, but also to justifiable revocation.

Changes: Revised to reflect leasing terminology and practices.

Uniform Statutory Source:Section 2-715.

History

July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830

Prior Codifications

1981 Ed., § 28:2A-520.

Section References

This section is referenced in § 28:2A-508.