N.M. Stat. § 55-2A-519
Lessee's damages for non-delivery, repudiation, default
and breach of warranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in the lease
agreement (Section 55-2A-504 NMSA 1978) or otherwise determined pursuant to
agreement of the parties (Sections 55-1-302 and 55-2A-503 NMSA 1978), 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 Section 55-2A-518
NMSA 1978, 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 (Subsection (3) of Section 55-2A-516 NMSA 1978), 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) 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.