70A-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 […]
70A-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 as provided in Section 70A-2a-217 on making and keeping good a tender […]
70A-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 […]
70A-2a-524. Lessor’s right to identify goods to lease contract. (1) A lessor aggrieved under Section 70A-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 as […]
70A-2a-525. Lessor’s right to possession of goods. (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (2) After a default by the lessee under the lease contract of the type described in Section 70A-2a-523, or if agreed, after the default by the lessee, the lessor has […]
70A-2a-526. Lessor’s stoppage of delivery in transit or otherwise. (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or […]
70A-2a-527. Lessor’s rights to dispose of goods. (1) After a default by a lessee under the lease contract of the type described in Section 70A-2a-523 or after the lessor refuses to deliver or takes possession of goods as provided in Section 70A-2a-525 or 70A-2a-526, or if agreed, after other default by a lessee, the lessor […]
70A-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 as provided in Section 70A-2a-504 or otherwise determined pursuant to agreement of the parties as provided in Sections 70A-1a-302 and 70A-2a-503, if a lessor elects to retain the goods […]
70A-2a-529. Lessor’s damages for lessee’s default. (1) After default by the lessee under the lease contract of the type described in Subsection 70A-2a-523(1) or (3)(a), or, if agreed, after any 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 […]
70A-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. Enacted by Chapter 197, 1990 General […]
70A-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 […]
70A-2a-532. Additional remedies for loss of residual interest. In addition to any other recovery permitted by this chapter, the lessor shall be entitled to 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 […]
Effective 5/13/2014 70A-2a-533. Effective date. (1) Except as provided in Subsection (2), this act takes effect on July 1, 1990 and shall apply to all lease contracts that are first made or that first become effective between the parties on or after that date, but shall not apply to lease contracts first made or that […]
70A-2a-534. Other remedies. In addition to the rights and remedies provided for lease agreements and lease disputes in this chapter, a consumer, dealer, lessee, lessor, and manufacturer of assistive technology as defined in Section 70A-2-802 may exercise rights and seek remedies pursuant to any lease agreement under Title 70A, Chapter 2, Part 8, Assistive Technology […]
