New Jersey § 12a:2a-519

§ 12a:2a-519.

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement

(12A:2A-504) or otherwise determined pursuant to agreement of the parties ( sections 12A:1-102(3) and 12A:2A-503 ), if a lessee elects not to cover or a lessee elects to cover and the cover is by

lease agreement that for any reason does not qualify for treatment under 12A:2A-518(2),

or is by purchase or otherwise, the measure of damages for non-delivery or repudiation

by the lessor or for rejection or revocation of acceptance by the lessee is the present

value, as of the date of the default, of the then market rent minus the present value

as of the same date of the original rent, computed for the remaining lease term of

the original lease agreement, together with incidental and consequential damages,

less expenses saved in consequence of the lessor's default. (2) Market rent is to be determined as of the place for tender or, in cases of rejection

after arrival or revocation of acceptance, as of the place of arrival. (3) Except as otherwise agreed, if the lessee has accepted goods and given notification

(12A:2A-516(3)), the measure of damages for non-conforming tender or delivery or other

default by a lessor is the loss resulting in the ordinary course of events from the

lessor's default as determined in any manner that is reasonable together with incidental

and consequential damages, less expenses saved in consequence of the lessor's default. (4) Except as otherwise agreed, the measure of damages for breach of warranty is the

present value at the time and place of acceptance of the difference between the value

of the use of the goods accepted and the value if they had been as warranted for the

lease term, unless special circumstances show proximate damages of a different amount,

together with incidental and consequential damages, less expenses saved in consequence

of the lessor's default or breach of warranty.