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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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/* In recognition of the importance of lease transactions, a
Uniform law on leasing has been drafted. The new law combines
elements of article 9 and article 2 on sales. It is also
important as an independent source of consumer protection laws.
*/
ARTICLE 2A LEASES
PART 1. GENERAL PROVISIONS
Section
2A-101. Short Title.
2A-102. Scope.
2A-103. Definitions and Index of Definitions.
2A-104. leases Subject to Other Law.
2A-105. Territorial Application of Article to Goods Covered by
Certificate of Title.
2A-106. Limitation on Power of Parties to Consumer lease to
Choose Applicable Law and Judicial Forum.
2A-107. Waiver or Renunciation of Claim or Right After Default.
2A-108. Unconscionability.
2A-109. Option to Accelerate at Will.
PART 2. FORMATION AND CONSTRUCTION OF LEASE CONTRACT
2A-201. Statute of Frauds.
2A-202. Final Written Expression: Parol or Extrinsic Evidence.
2A-203. Seals Inoperative.
2A-204. Formation in General.
2A-205. Firm Offers.
2A-206. Offer and Acceptance in Formation of lease Contract.
2A-207. Course of Performance or Practical Construction.
2A-208. Modification, Rescission and Waiver.
2A-209. lessee Under Finance lease as Beneficiary of Supply
Contract.
2A-210. Express Warranties.
2A-211. Warranties Against Interference and Against
Infringement; lessee's Obligation Against Infringement.
2A-212. Implied Warranty of Merchantability.
2A-213. Implied Warranty of Fitness for Particular Purpose.
2A-214. Exclusion or Modification of Warranties.
2A-215. Cumulation and Conflict of Warranties Express or Implied.
2A-216. Third-Party Beneficiaries of Express and Implied
Warranties.
2A-217. Identification.
2A-218. Insurance and Proceeds.
2A-219. Risk of Loss.
2A-220. Effect of Default on Risk of Loss.
2A-221. Casualty to Identified Goods.
PART 3. EFFECT OF LEASE CONTRACT
2A-301. Enforceability of lease Contract.
2A-302. Title to and Possession of Goods.
2A-303. Alienability of Party's Interest Under lease Contract or
of Lessor's Residual Interest in Goods; Delegation of
Performance; Transfer of Rights.
2A-304. Subsequent lease of Goods by lessor.
2A-305. Sale or Sublease of Goods by lessee.
2A-306. Priority of Certain Liens Arising by Operation of Law.
2A-307. Priority of Liens Arising by Attachment or levy on,
Security Interests in, and Other Claims to Goods.
2A-308. Special Rights of Creditors.
2A-309. Lessor's and Lessee's Rights When Goods Become Fixtures.
2A-310. Lessor's and Lessee's Rights When Goods Become
Accessions.
2A-311. Priority Subject to Subordination.
PART 4. PERFORMANCE OF LEASE CONTRACT: REPUDIATED SUBSTITUTED AND
EXCUSED
2A-401. Insecurity: Adequate Assurance of Performance.
2A-402. Anticipatory Repudiation.
2A-403. Retraction of Anticipatory Repudiation.
2A-404. Substituted Performance.
2A-405. Excused Performance.
2A-406. Procedure on Excused Performance.
2A-407. Irrevocable Promises: Finance leases.
Part 5. DEFAULT
A. IN GENERAL
2A-501. Default: Procedure.
2A-502. Notice After Default.
2A-503. Modification or Impairment of Rights and Remedies.
2A-504. Liquidation of Damages.
2A-505. Cancellation and Termination and Effect of
Cancellation, Termination, Rescission, or Fraud on Rights and
Remedies.
2A-506. Statute of Limitations.
2A-507. Proof of Market Rent: Time and Place.
B. DEFAULT By Lessor
2A-508. Lessee's Remedies.
2A-509. Lessee's Rights on Improper Delivery; Rightful
Rejection.
2A-510. Installment lease Contracts: Rejection and Default.
2A-511. Merchant lessee's Duties as to Rightfully Rejected
Goods.
2A-512. Lessee's Duties as to Rightfully Rejected Goods.
2A-513. Cure by lessor of Improper Tender or Delivery;
Replacement.
2A-514. Waiver of lessee's Objections.
2A-515. Acceptance of Goods.
2A-516. Effect of Acceptance of Goods; Notice of Default; Burden
of Establishing Default After Acceptance; Notice of Claim or
Litigation to Person Answerable Over.
2A-517. Revocation of Acceptance of Goods.
2A-518. Cover; Substitute Goods.
2A-519. Lessee's Damages for Non-delivery, Repudiation, Default
and Breach of Warranty in Regard to Accepted Goods.
2A-520. Lessee's Incidental and Consequential Damages.
2A-521. Lessee's Right to Specific Performance or Replevin.
2A-522. Lessee's Right to Goods on Lessor's Insolvency.
C. DEFAULT BY LESSEE
2A-523. Lessor's Remedies.
2A-524. Lessor's Right to Identify Goods to lease Contract.
2A-525. Lessor's Right to Possession of Goods.
2A-526. Lessor's Stoppage of Delivery in Transit or Otherwise.
2A-527. Lessor's Rights to Dispose of Goods.
2A-528. Lessor's Damages for Non-acceptance, Failure to Pay,
Repudiation, or Other Default.
2A-529. lessor's Action for the Rent.
2A-530. Lessor's Incidental Damages.
2A-531. Standing to Sue Third Parties for Injury to Goods.
2A-532. Lessor's Rights to Residual Interest.
ARTICLE 2A
LEASES
PART 1
GENERAL PROVISIONS
2A-101. Short Title
This Article shall be known and may be cited as the Uniform
Commercial Code - Leases.
2A-102. Scope.
This Article applies to any transaction, regardless of form, that
creates a lease.
2A-103. Definitions and Index of Definitions.
(1) In this Article unless the context otherwise requires:
(a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him [or
her] is in violation of the Ownership rights or security interest
or leasehold interest of a third party in the goods, buys in
ordinary course from a person in the business of selling goods of
that kind but does not include a pawnbroker. "Buying" may be for
cash or by exchange of other property or on secured or unsecured
credit and includes receiving goods or documents of title under a
pre-existing contract for sale but does not include a transfer in
bulk or as security for or in total or partial satisfaction of a
money debt.
(b) "Cancellation" occurs when either party puts an end to
the lease contract for default by the other party.
(c) "Commercial unit" means such a unit of goods as by
commercial usage is a single whole for purposes of lease and
division of which materially impairs its character or value on
the market or in use. A commercial unit may be a single article,
as a machine, or a set of articles, as a suite of furniture or a
line of machinery, or a quantity, as a gross or carload, or any
other unit treated in use or in the relevant market as a single
whole.
(d) "Conforming" goods or performance under a lease
contract means goods or performance that are in accordance with
the obligations under the lease contract.
(e) "Consumer lease" means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a lessee
who is an individual and who takes under the lease primarily for
a personal, family, or household purpose if the total payments
to be made under the lease contract, excluding payments for
options to renew or buy, do not exceed $_______
(f) "Fault" means wrongful act, omission, breach, or
default.
(g) "Finance lease" means a lease with respect to which:
(i) the lessor does not select, manufacture, or supply the
goods;
(ii) the lessor acquires the goods or the right to possession and
use of the goods in connection with the lease; and
(iii) one of the following occurs
(A) the lessee receives a copy of the contract by which the
lessor acquired the goods or the right to possession and use of
the goods before signing the lease contract;
(B) the lessee's approval of the contract by which the
lessor acquired the goods or the right to possession and use of
the goods is a condition to effectiveness of the lease contract
(C) the lessee, before signing the lease contract, receives
an accurate and complete statement designating the promises and
warranties, and any disclaimers of warranties, limitations or
modifications of remedies, or liquidated damages, including those
o