{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-519.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-519.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-519.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-519.html"}],"law_id":74347,"edition_id":1,"section_id":74347,"structure_id":13914,"section_number":"8.2A-519","catch_line":"Lessee’s damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","history":"1991, c. 536; 2003, c. 353.","full_text":"1\n\nExcept as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-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 subsection (2) of § 8.2A-518, or is by purchase or otherwise, the measure of damages for nondelivery 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\n\nMarket 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\n\nExcept as otherwise agreed, the lessee has accepted goods and given notification (subsection (3) of § 8.2A-516), the measure of damages for nonconforming 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\n\nExcept 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.","order_by":null,"text":{"0":{"id":267255,"text":"Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-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 subsection (2) of § 8.2A-518, or is by purchase or otherwise, the measure of damages for nondelivery 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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":267256,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":267257,"text":"Except as otherwise agreed, the lessee has accepted goods and given notification (subsection (3) of § 8.2A-516), the measure of damages for nonconforming 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":267258,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13914,"edition_id":1,"name":"Default by Lessor","identifier":"B","label":"article","depth":3,"order_by":1,"parent_id":13913,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282601,"object_type":"structure","relational_id":13914,"identifier":"B","token":"8.2A\/5\/B","url":"\/8.2A\/5\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13913,"edition_id":1,"name":"Default","identifier":"5","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282569,"object_type":"structure","relational_id":13913,"identifier":"5","token":"8.2A\/5","url":"\/8.2A\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62750,"structure_id":13914,"section_number":"8.2A-508","catch_line":"Lessee's remedies","url":"\/8.2A-508\/","token":"8.2A\/5\/B\/8.2A-508","metadata":false},{"id":60181,"structure_id":13914,"section_number":"8.2A-509","catch_line":"Lessee's rights on improper delivery; rightful rejection","url":"\/8.2A-509\/","token":"8.2A\/5\/B\/8.2A-509","metadata":false},{"id":74596,"structure_id":13914,"section_number":"8.2A-510","catch_line":"Installment lease contracts; rejection and default","url":"\/8.2A-510\/","token":"8.2A\/5\/B\/8.2A-510","metadata":false},{"id":84556,"structure_id":13914,"section_number":"8.2A-511","catch_line":"Merchant lessee's duties as to rightfully rejected goods","url":"\/8.2A-511\/","token":"8.2A\/5\/B\/8.2A-511","metadata":false},{"id":70655,"structure_id":13914,"section_number":"8.2A-512","catch_line":"Lessee's duties as to rightfully rejected goods","url":"\/8.2A-512\/","token":"8.2A\/5\/B\/8.2A-512","metadata":false},{"id":61599,"structure_id":13914,"section_number":"8.2A-513","catch_line":"Cure by lessor of improper tender or delivery; replacement","url":"\/8.2A-513\/","token":"8.2A\/5\/B\/8.2A-513","metadata":false},{"id":56122,"structure_id":13914,"section_number":"8.2A-514","catch_line":"Waiver of lessee's objections","url":"\/8.2A-514\/","token":"8.2A\/5\/B\/8.2A-514","metadata":false},{"id":55972,"structure_id":13914,"section_number":"8.2A-515","catch_line":"Acceptance of goods","url":"\/8.2A-515\/","token":"8.2A\/5\/B\/8.2A-515","metadata":false},{"id":78053,"structure_id":13914,"section_number":"8.2A-516","catch_line":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","url":"\/8.2A-516\/","token":"8.2A\/5\/B\/8.2A-516","metadata":false},{"id":66372,"structure_id":13914,"section_number":"8.2A-517","catch_line":"Revocation of acceptance of goods","url":"\/8.2A-517\/","token":"8.2A\/5\/B\/8.2A-517","metadata":false},{"id":83561,"structure_id":13914,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","url":"\/8.2A-518\/","token":"8.2A\/5\/B\/8.2A-518","metadata":false},{"id":74347,"structure_id":13914,"section_number":"8.2A-519","catch_line":"Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","url":"\/8.2A-519\/","token":"8.2A\/5\/B\/8.2A-519","metadata":false},{"id":64983,"structure_id":13914,"section_number":"8.2A-520","catch_line":"Lessee's incidental and consequential damages","url":"\/8.2A-520\/","token":"8.2A\/5\/B\/8.2A-520","metadata":false},{"id":76119,"structure_id":13914,"section_number":"8.2A-521","catch_line":"Lessee's right to specific performance or other similar rights","url":"\/8.2A-521\/","token":"8.2A\/5\/B\/8.2A-521","metadata":false},{"id":54961,"structure_id":13914,"section_number":"8.2A-522","catch_line":"Lessee's right to goods on lessor's insolvency","url":"\/8.2A-522\/","token":"8.2A\/5\/B\/8.2A-522","metadata":false}],"previous_section":{"id":83561,"structure_id":13914,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","url":"\/8.2A-518\/","token":"8.2A\/5\/B\/8.2A-518","metadata":false},"next_section":{"id":64983,"structure_id":13914,"section_number":"8.2A-520","catch_line":"Lessee's incidental and consequential damages","url":"\/8.2A-520\/","token":"8.2A\/5\/B\/8.2A-520","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-519\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter 353<\/a>.<\/p>","references":[{"id":84634,"section_number":"8.2A-507","catch_line":"Proof of market rent; time and place","order_by":null,"url":"\/8.2A-507\/"},{"id":62750,"section_number":"8.2A-508","catch_line":"Lessee's remedies","order_by":null,"url":"\/8.2A-508\/"},{"id":83561,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","order_by":null,"url":"\/8.2A-518\/"}],"refers_to":[{"id":84280,"section_number":"8.1A-302","catch_line":"Variation by agreement","order_by":null,"url":"\/8.1A-302\/"},{"id":86201,"section_number":"8.2A-503","catch_line":"Modification or impairment of rights and remedies","order_by":null,"url":"\/8.2A-503\/"},{"id":60366,"section_number":"8.2A-504","catch_line":"Liquidation of damages","order_by":null,"url":"\/8.2A-504\/"},{"id":78053,"section_number":"8.2A-516","catch_line":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","order_by":null,"url":"\/8.2A-516\/"},{"id":83561,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","order_by":null,"url":"\/8.2A-518\/"}],"permalink":{"id":282647,"object_type":"law","relational_id":74347,"identifier":"8.2A-519","token":"8.2A\/5\/B\/8.2A-519","url":"\/8.2A-519\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-519\/","token":"8.2A\/5\/B\/8.2A-519","dublin_core":{"Title":"Lessee’s damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-519","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Except as otherwise provided with respect to damages<\/span> liquidated in the lease agreement (§ 8.2A-504<\/a>) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302<\/a> and 8.2A-503<\/a>), 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 subsection (2) of § 8.2A-518<\/a>, or is by purchase or otherwise, the measure of damages<\/span> for nondelivery or repudiation by the lessor or for rejection or revocation<\/span> of acceptance by the lessee is the present value as of the date of the default<\/span>, 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<\/span>, less expenses saved in consequence of the lessor’s default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation<\/span> of acceptance, as of the place of arrival. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as otherwise agreed, the lessee has accepted goods and given notification (subsection (3) of § 8.2A-516<\/a>), the measure of damages<\/span> for nonconforming tender or delivery or other default<\/span> by a lessor is the loss resulting in the ordinary course of events from the lessor’s default<\/span> as determined in any manner that is reasonable together with incidental and consequential damages<\/span>, less expenses saved in consequence of the lessor’s default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Except as otherwise agreed, the measure of damages<\/span> 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<\/span> of a different amount, together with incidental and consequential damages<\/span>, less expenses saved in consequence of the lessor’s default<\/span> or breach of warranty. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLESSEE’S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF\nWARRANTY IN REGARD TO ACCEPTED GOODS (\u00a7 8.2A-519)\n\n1. Except as otherwise provided with respect to damages liquidated in the lease\nagreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the\nparties (§§ 8.1A-302 and 8.2A-503), if a lessee elects not to cover or\na lessee elects to cover and the cover is by lease agreement that for any reason\ndoes not qualify for treatment under subsection (2) of § 8.2A-518, or is by\npurchase or otherwise, the measure of damages for nondelivery or repudiation by\nthe lessor or for rejection or revocation of acceptance by the lessee is the\npresent value as of the date of the default, of the then market rent minus the\npresent value as of the same date of the original rent, computed for the\nremaining lease term of the original lease agreement, together with incidental\nand consequential damages, less expenses saved in consequence of the\nlessor’s default.\n\n2. Market rent is to be determined as of the place for tender or, in cases of\nrejection after arrival or revocation of acceptance, as of the place of arrival.\n\n3. Except as otherwise agreed, the lessee has accepted goods and given\nnotification (subsection (3) of § 8.2A-516), the measure of damages for\nnonconforming tender or delivery or other default by a lessor is the loss\nresulting in the ordinary course of events from the lessor’s default as\ndetermined in any manner that is reasonable together with incidental and\nconsequential damages, less expenses saved in consequence of the lessor’s\ndefault.\n\n4. Except as otherwise agreed, the measure of damages for breach of warranty is\nthe present value at the time and place of acceptance of the difference between\nthe value of the use of the goods accepted and the value if they had been as\nwarranted for the lease term, unless special circumstances show proximate\ndamages of a different amount, together with incidental and consequential\ndamages, less expenses saved in consequence of the lessor’s default or\nbreach of warranty.\n\nHISTORY: 1991, c. 536; 2003, c. 353.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}