Section 28-12-519 – LESSEE’S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.
28-12-519. LESSEE’S DAMAGES FOR NONDELIVERY, 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 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if a lessee elects not to cover or a lessee […]
Section 28-12-520 – LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
28-12-520. LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES. (1) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable […]
Section 28-12-521 – LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.
28-12-521. LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances. (2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just. (3) A lessee has […]
Section 28-12-522 – LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY.
28-12-522. LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY. (1) Subject to the provisions of subsection (2) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (section 28-12-217) on making and keeping […]
Section 28-12-523 – LESSOR’S REMEDIES.
28-12-523. LESSOR’S REMEDIES. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value […]
Section 28-12-524 – LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.
28-12-524. LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT. (1) After default by the lessee under the lease contract of the type described in section 28-12-523(1) or section 28-12-523(3)(a) or, if agreed, after other default by the lessee, the lessor may: (a) Identify to the lease contract conforming goods not already identified if at the […]
Section 28-12-509 – LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION.
28-12-509. LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION. (1) Subject to the provisions of section 28-12-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or […]
Section 28-12-510 – INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT.
28-12-510. INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT. (1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within […]
Section 28-12-511 – MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
28-12-511. MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS. (1) Subject to any security interest of a lessee (section 28-12-508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions […]
Section 28-12-512 – LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
28-12-512. LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS. (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (section 28-12-511) and subject to any security interest of a lessee (section 28-12-508(5)): (a) The lessee, after rejection of goods in the lessee’s possession, shall hold them with reasonable care at […]