Section 2A-528 – Lessor’s Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 2A–504) or otherwise determined pursuant to agreement of the parties (§§ 1–302 and 2A–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 […]
Section 2A-529 – Lessor’s Action for the Rent
(1) After default by the lessee under the lease contract of the type described in § 2A-523(1) or § 2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages: (a) For goods accepted by the lessee and not repossessed by or […]
Section 2A-530 – Lessor’s Incidental Damages
Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or otherwise resulting from the default.
Section 2A-531 – Standing to Sue Third Parties for Injury to Goods
(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if […]
Section 2A-532 – Lessor’s Rights to Residual Interest
In addition to any other recovery permitted by this title or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor’s residual interest in the goods caused by the default of the lessee.
Section 2A-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 expense incident to the default. (2) Consequential damages […]
Section 2A-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 a right of replevin, detinue, sequestration, claim and delivery, or the […]
Section 2A-522 – Lessee’s Right to Goods on Lessor’s Insolvency
(1) Subject to subsection (2) 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 (§ 2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the […]
Section 2A-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 of the whole lease […]
Section 2A-524 – Lessor’s Right to Identify Goods to Lease Contract
(1) A lessor aggrieved under § 2A-523 may: (a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor’s or the supplier’s possession or control; and (b) Dispose of goods (§ 2A-527(1)) that demonstrably have been intended for the particular lease contract even […]