reglab/housing_qa huggingface dataset:
MT Code § 30-2A-514 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-514. Waiver of lessee's objections

  30-2A-514. Waiver of lessee's objections. (1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:   (a) if, stated seasonably, the lessor or the supplier could have cured it (30-2A-513); or   (b) between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.   (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.   History: En. Sec. 68, Ch. 410, L. 1991; amd. Sec. 24, Ch. 575, L. 2005.
MT Code § 30-2A-515 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-515. Acceptance of goods

  30-2A-515. Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:   (a) the lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or   (b) the lessee fails to make an effective rejection of the goods (30-2A-509(2)).   (2) Acceptance of a part of any commercial unit is acceptance of that entire unit.   History: En. Sec. 69, Ch. 410, L. 1991.
MT Code § 30-2A-516 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-516. Effect of acceptance of goods -- notice of default -- burden of establishing default after acceptance -- notice of claim or litigation to person answerable over

  30-2A-516. Effect of acceptance of goods -- notice of default -- burden of establishing default after acceptance -- notice of claim or litigation to person answerable over. (1) A lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.   (2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance may not be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance may not be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.   (3) If a tender has been accepted:   (a) within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;   (b) except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (30-2A-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and   (c) the burden is on the lessee to establish any default.   (4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over, the following apply:   (a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend, that person is so bound.   (b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation, including settlement if the claim is one for infringement or the like (30-2A-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control, the lessee is so barred.   (5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (30-2A-211).   History: En. Sec. 70, Ch. 410, L. 1991.
MT Code § 30-2A-517 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-517. Revocation of acceptance of goods

  30-2A-517. Revocation of acceptance of goods. (1) A lessee may revoke acceptance of a lot or commercial unit the nonconformity of which substantially impairs its value to the lessee if the lessee has accepted it:   (a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or   (b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.   (2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.   (3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.   (4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods that is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.   (5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.   History: En. Sec. 71, Ch. 410, L. 1991.
MT Code § 30-2A-518 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-518. Cover -- substitute goods

  30-2A-518. Cover -- substitute goods. (1) After a default by a lessor under the lease contract of the type described in 30-2A-508(1) or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.   (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (30-2A-504) or otherwise determined pursuant to agreement of the parties (30-2A-503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages:   (a) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term that is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement; and   (b) any incidental or consequential damages less expenses saved in consequence of the lessor's default.   (3) If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under subsection (2) or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and 30-2A-519 governs.   History: En. Sec. 72, Ch. 410, L. 1991; amd. Sec. 25, Ch. 575, L. 2005.
MT Code § 30-2A-519 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods

  30-2A-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 (30-2A-504) or otherwise determined pursuant to agreement of the parties (30-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under 30-2A-518(2) or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.   (2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.   (3) Except as otherwise agreed, if the lessee has accepted goods and given notification (30-2A-516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.   (4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.   History: En. Sec. 73, Ch. 410, L. 1991; amd. Sec. 26, Ch. 575, L. 2005.
MT Code § 30-2A-520 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-520. Lessee's incidental and consequential damages

  30-2A-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 resulting from a lessor's default include:   (a) any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; and   (b) injury to person or property proximately resulting from any breach of warranty.   History: En. Sec. 74, Ch. 410, L. 1991.
MT Code § 30-2A-521 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-521. Lessee's right to specific performance or replevin

  30-2A-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 considers just.   (3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.   History: En. Sec. 75, Ch. 410, L. 1991.
MT Code § 30-2A-522 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-522. Lessee's right to goods on lessor's insolvency

  30-2A-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 (30-2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.   (2) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.   History: En. Sec. 76, Ch. 410, L. 1991.
MT Code § 30-2A-523 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-523. Lessor's remedies

  30-2A-523. Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance of goods, 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 contract is substantially impaired (30-2A-510), the lessee is in default under the lease contract and the lessor may:   (a) cancel the lease contract (30-2A-505(1));   (b) proceed respecting goods not identified to the lease contract (30-2A-524);   (c) withhold delivery of the goods and take possession of goods previously delivered (30-2A-525);   (d) stop delivery of the goods by any bailee (30-2A-526);   (e) dispose of the goods and recover damages (30-2A-527), retain the goods and recover damages (30-2A-528), or in a proper case, recover rent (30-2A-529);   (f) exercise any other rights or pursue any other remedies provided in the lease contract.   (2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.   (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:   (a) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2); or   (b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).   History: En. Sec. 77, Ch. 410, L. 1991.
MT Code § 30-2A-524 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-524. Lessor's right to identify goods to lease contract

  30-2A-524. Lessor's right to identify goods to lease contract. (1) If a lessee under a lease contract defaults as described in 30-2A-523 or, if agreed, after other default by the lessee, a lessor 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 (30-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.   (2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.   History: En. Sec. 78, Ch. 410, L. 1991.
MT Code § 30-2A-525 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-525. Lessor's right to possession of goods

  30-2A-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 30-2A-523(1) or (3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor that is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business and may dispose of goods on the lessee's premises (30-2A-527).   (3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.   History: En. Sec. 79, Ch. 410, L. 1991.
MT Code § 30-2A-526 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-526. Lessor's stoppage of delivery in transit or otherwise

  30-2A-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 fails to make a payment due before delivery, whether for rent, security, or otherwise under the lease contract or for any other reason the lessor has a right to withhold or take possession of the goods.   (2) In pursuing its remedies under subsection (1), the lessor may stop delivery until:   (a) receipt of the goods by the lessee;   (b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or   (c) such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.   (3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.   (b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.   (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.   History: En. Sec. 80, Ch. 410, L. 1991; amd. Sec. 27, Ch. 575, L. 2005.
MT Code § 30-2A-527 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-527. Lessor's rights to dispose of goods

  30-2A-527. Lessor's rights to dispose of goods. (1) After a default by a lessee under the lease contract described in 30-2A-523(1) or (3)(a) or after the lessor refuses to deliver or takes possession of goods (30-2A-525 or 30-2A-526) or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale, or otherwise.   (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (30-2A-504) or otherwise determined pursuant to agreement of the parties (30-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages:   (a) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement;   (b) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term that is comparable to the then remaining term of the original lease agreement; and   (c) any incidental damages allowed under 30-2A-530 less expenses saved in consequence of the lessee's default.   (3) If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and 30-2A-528 governs.   (4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.   (5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (30-2A-508(5)).   History: En. Sec. 81, Ch. 410, L. 1991; amd. Sec. 28, Ch. 575, L. 2005.
MT Code § 30-2A-528 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default

  30-2A-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 (30-2A-504) or otherwise determined pursuant to agreement of the parties (30-2A-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 reason does not qualify for treatment under 30-2A-527(2) or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in 30-2A-523(1) or (3)(a) or, if agreed, for other default of the lessee:   (a) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;   (b) the present value as of the date determined under subsection (1)(a) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located, computed for the same lease term; and   (c) any incidental damages allowed under 30-2A-530 less expenses saved in consequence of the lessee's default.   (2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, that the lessor would have made from full performance by the lessee, together with any incidental damages allowed under 30-2A-530, allowance due for costs reasonably incurred, and credit due for payments or proceeds of disposition.   History: En. Sec. 82, Ch. 410, L. 1991; amd. Sec. 29, Ch. 575, L. 2005.