US Lawyer Database

Section 2A-219 – Risk of Loss

    (1)    Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.     (2)    Subject to the provisions of this title on the effect of default on risk of loss (§ 2A-220), […]

Section 2A-220 – Effect of Default on Risk of Loss

    (1)    Where risk of loss is to pass to the lessee and the time of passage is not stated:         (a)    If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a […]

Section 2A-221 – Casualty to Identified Goods

    If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or § 2A-219, then:         (a)    If the loss […]

Section 2A-217 – Identification

    Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:         (a)    When the lease contract is made if the lease contract is for a lease of goods that are existing and […]

Section 2A-201 – Statute of Frauds

    (1)    A lease contract is not enforceable by way of action or defense unless:         (a)    The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or         (b)    There is a writing signed by the party against whom enforcement is sought or by that party’s authorized agent, […]

Section 2A-218 – Insurance and Proceeds

    (1)    A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.     (2)    If a lessee has an insurable interest only by reason of the lessor’s identification of the goods, the lessor, until default or insolvency or […]

Section 2A-202 – Final Written Expression: Parol or Extrinsic Evidence

    Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous […]

Section 2A-203 – Seals Inoperative

    The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.

Section 2A-204 – Formation in General

    (1)    A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.     (2)    An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.     (3)    Although one or more terms are left open, a lease […]