Alaska § 45.12.504 - Liquidation of damages.

Full text of Alaska Alaska Statutes § 45.12.504 — Liquidation of damages., with citation guidance and answers to common questions.

§ 45.12.504. Liquidation of damages.

 (a) Damages payable by either party for default, or another act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.

 (b) If the lease agreement provides for liquidation of damages, and the provision does not comply with (a) of this section, or the provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.

 (c) If the lessor justifiably withholds or stops delivery of goods under AS 45.12.525 or 45.12.526 because of the lessee's default or insolvency, the lessee is entitled to restitution of any amount by which the sum of the lessee's payments exceeds        (1) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages under (a) of this section; or

 (2) in the absence of the terms under (1) of this subsection, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of that amount or $500.

 (d) A lessee's right to restitution under (c) of this section is subject to offset to the extent the lessor establishes        (1) a right to recover damages under the provisions of this chapter other than (a) of this section; and

 (2) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.

Source: official Alaska text · Last verified 2026-08-27

Frequently Asked Questions About Alaska § 45.12.504

What does Alaska Statutes § 45.12.504 cover?

Section 45.12.504 ("Liquidation of damages.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alaska § 45.12.504?

A common citation format is "Alaska Statutes § 45.12.504" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alaska law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.

How does Alaska § 45.12.504 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.