(a) Except as otherwise provided with respect to damages liquidated in the lease agreement under Alaska Stat. § 45.12.504 or otherwise determined under agreement of the parties under Alaska Stat. § 45.01.302 and Alaska Stat. § 45.12.503, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Alaska Stat. § 45.12.527(b), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default described in Alaska Stat. § 45.12.523(a) or (c)(1), or, if agreed, for other default of the lessee

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Terms Used In Alaska Statutes 45.12.528

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • goods: means all things that are movable at the time of identification to the lease contract, or are fixtures under Alaska Stat. See Alaska Statutes 45.12.103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alaska Statutes 45.12.103
  • lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See Alaska Statutes 45.12.103
  • lessee: means a person who acquires the right to possession and use of goods under a lease. See Alaska Statutes 45.12.103
  • lessor: means a person who transfers the right to possession and use of goods under a lease. See Alaska Statutes 45.12.103
  • present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Alaska Statutes 45.12.103
(1) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;
(2) the present value as of the date determined under (1) of this subsection of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located, computed for the same lease term; and
(3) incidental damages allowed under Alaska Stat. § 45.12.530, less expenses saved in consequence of the lessee’s default.
(b) If the measure of damages provided in (a) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under Alaska Stat. § 45.12.530, due allowance for costs reasonably incurred, and due credit for payments or proceeds of disposition.
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