reglab/housing_qa huggingface dataset:
CT Gen Stat § 42a-2-714 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-714 - Buyer's damages for breach in regard to accepted goods.

 (1) Where the buyer has accepted goods and given notification as provided in subsection (3) of section 42a-2-607 he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.(3) In a proper case any incidental and consequential damages under the next section may also be recovered.(1959, P.A. 133, S. 2-714.)Cited. 172 C. 112; 182 C. 561; 184 C. 10; 189 C. 433; 218 C. 297.Cited. 27 CA 688; 33 CA 575.Cited. 39 CS 107.Court properly charged damages as difference between what value would have been if car was without defects minus what its present value is. 6 Conn. Cir. Ct. 370.
CT Gen Stat § 42a-2-715 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-715 - Buyer's incidental and consequential damages.

 (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.(2) Consequential damages resulting from the seller's breach include (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty.(1959, P.A. 133, S. 2-715.)Cited. 171 C. 622; 182 C. 561; 184 C. 10; 203 C. 63; 212 C. 83.Cited. 1 CA 249; 15 CA 101; 29 CA 865; 33 CA 575.Cited. 39 CS 107.
CT Gen Stat § 42a-2-716 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-716 - Buyer's right to specific performance or replevin.

 (1) Specific performance may be decreed where the goods are unique or in other proper circumstances.(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.(1959, P.A. 133, S. 2-716; P.A. 01-132, S. 142.)History: P.A. 01-132 amended Subsec. (3) to add provision re vesting of the buyer's right of replevin in the case of goods bought for personal, family or household purposes.Cited. 203 C. 63.Cited. 33 CA 575.
CT Gen Stat § 42a-2-717 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-717 - Deduction of damages from the price.

 The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.(1959, P.A. 133, S. 2-717.)Cited. 182 C. 561; 184 C. 10.Cited. 33 CA 575.
CT Gen Stat § 42a-2-718 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-718 - Liquidation or limitation of damages; deposits.

 (1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars, whichever is smaller.(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes (a) a right to recover damages under the provisions of this article other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in section 42a-2-706 on resale by an aggrieved seller.(1959, P.A. 133, S. 2-718.)Cited. 153 C. 681; 202 C. 106; 203 C. 63; 215 C. 316.Cited. 31 CA 455; 33 CA 575.Cited. 37 CS 7.
CT Gen Stat § 42a-2-719 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-719 - Contractual modification or limitation of remedy.

 (1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages, (a) the agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.(1959, P.A. 133, S. 2-719.)Cited. 172 C. 112; 203 C. 342; 209 C. 163; 218 C. 297.Cited. 29 CA 865; 33 CA 575; 40 CA 268.
CT Gen Stat § 42a-2-720 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-720 - Effect of “cancellation” or “rescission” on claims for antecedent breach.

 Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.(1959, P.A. 133, S. 2-720.)
CT Gen Stat § 42a-2-721 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-721 - Remedies for fraud.

 Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.(1959, P.A. 133, S. 2-721.)Intent is to make actions for fraud or misrepresentation presumptively inconsistent with postacceptance claims for breach of warranty. 244 C. 126; judgment reversed in part, see 310 C. 375.
CT Gen Stat § 42a-2-722 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-722 - Who can sue third parties for injury to goods.

 Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; (c) either party may with the consent of the other sue for the benefit of whom it may concern.(1959, P.A. 133, S. 2-722.)Plaintiff seller could bring claim against shipper where buyer defendant would not cooperate; seller upon recovery holds sum as fiduciary for buyer defendant; such claim does not act as waiver of plaintiff seller's present action for price due from defendant buyer for goods shipped FOB buyer's place of business. 5 Conn. Cir. Ct. 597.
CT Gen Stat § 42a-2-723 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-723 - Proof of market price; time and place.

 (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price as provided in section 42a-2-708 or 42a-2-713 shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.(2) If evidence of a price prevailing at the time or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.(3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.(1959, P.A. 133, S. 2-723.)Cited. 171 C. 622.
CT Gen Stat § 42a-2-724 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-724 - Admissibility of market quotations.

 Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.(1959, P.A. 133, S. 2-724.)
CT Gen Stat § 42a-2-725 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-725 - Statute of limitations in contracts for sale.

 (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before October 1, 1961.(1959, P.A. 133, S. 2-725.)Cited. 191 C. 150; 205 C. 219; 210 C. 734; 218 C. 297. Repair or replacement clause in purchase agreement does not toll running of statute of limitations. 244 C. 126.Section is a statute of repose as it contains a fixed time limit of 4 years, after which one in default may not be sued for breach, but section is explicit that the limit is subject to tolling, and limit may be tolled by conduct of the parties. 141 CA 319.Claim against manufacturer for injuries caused by defective skates held tort liability and not breach of warranty under section and therefore barred by statute of limitations. 27 CS 46. Not applicable to breach of contract to perform services. 37 CS 735.Subsec. (1):Where defendant restaurateur, sued by customer for breach of warranty in sale of unmerchantable clams, impleaded third party defendant as supplier, demurrer to third party complaint was sustained as statute of limitations barred action. 28 CS 385.
CT Gen Stat § 42a-2A-101 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-101 - Short title: Uniform Commercial Code–Leases.

 This article may be cited as “Uniform Commercial Code–Leases”.(P.A. 02-131, S. 1.)
CT Gen Stat § 42a-2A-103 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-103 - Scope.

 This article applies to any transaction regardless of form which creates a lease.(P.A. 02-131, S. 3.)
CT Gen Stat § 42a-2A-104 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-104 - Transactions subject to other law.

 (a) A transaction subject to this article is also subject to:(1) Any certificate of title statute covering automobiles, trailers, mobile homes, boats, farm tractors or the like, including chapters 247, 282 and 283 and sections 21-67a and 49-5, except as to the rights of a lessee in the ordinary course of business under subsection (d) of section 42a-2A-404 and subsection (d) of section 42a-2A-405 whose rights arise before a certificate of title covering the goods is effective in the name of any other purchaser;(2) Any applicable certificate of title statute of another jurisdiction;(3) Any applicable law which establishes a different rule for consumer leases; and(4) Any other law of this state to which the transaction is subject, such as laws dealing with:(A) The sale or lease of agricultural products;(B) The consignment or transfer by artists of works of art or fine prints;(C) Distribution agreements, franchises and other relationships through which goods are leased;(D) Liability for products which cause injury to person or property;(E) The making and disclaimer of warranties;(F) Dealers in particular products, such as automobiles, motorized wheelchairs, agricultural equipment and hearing aids; and(G) Noncommercial motor vehicles leases subject to chapter 742a.(b) If a law of this state applies to a transaction subject to this article, the following rules apply:(1) A requirement that a term, waiver, notice or disclaimer be in a writing is satisfied by a record.(2) A requirement that a writing or a term be signed is satisfied by an authentication.(c) Except for the rights of a lessee in the ordinary course of business under subdivision (1) of subsection (a) of this section, in the event of a conflict between this article, other than section 42a-2A-105, 42a-2A-401 or 42a-2A-402, and a law referred to in subsection (a) of this section, the law referred to in subsection (a) of this section governs.(d) Failure to comply with the laws referred to in subsection (a) of this section has only the effect specified therein.(P.A. 02-131, S. 4.)
CT Gen Stat § 42a-2A-105 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-105 - Territorial application of article to goods covered by certificate of title.

 (a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title law the goods are covered and the goods or the lessee or lessor.(b) Goods become covered by a certificate of title when a valid application for the certificate of title and the application fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.(c) Subject to subsection (d) of section 42a-2A-404 and subsection (d) of section 42a-2A-405, with respect to goods covered by a certificate of title under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with the certificate of title statute are governed by the local law of the jurisdiction whose certificate covers the goods from the time the goods become covered by the certificate until the goods cease to be covered by the certificate.(P.A. 02-131, S. 5.)
CT Gen Stat § 42a-2A-106 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-106 - Limitation on power of parties to consumer lease to choose applicable law or judicial forum.

 (a) A choice-of-law term in a consumer lease contract is not enforceable if the law chosen is that of a jurisdiction other than one in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used.(b) The parties may choose an exclusive judicial forum. However, in a consumer lease, the law of the forum is governed by subsection (d) of section 51-345 and any choice of forum in a term of a consumer lease must comply with said section. A choice of forum in a term of an agreement is not exclusive unless the agreement expressly so provides.(P.A. 02-131, S. 6.)
CT Gen Stat § 42a-2A-107 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-107 - Unconscionability.

 (a) If a court as a matter of law finds a lease contract or any term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term or so limit the application of an unconscionable term as to avoid an unconscionable result.(b) With respect to a consumer lease, if the court finds as a matter of law that a lease contract or a term of the contract was induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from the lease contract, the court may grant appropriate relief.(c) If it is claimed or appears to the court that a lease contract or any term thereof, or any conduct that induced a lease contract or any term thereof or that occurred in the collection of a claim arising from the lease contract, may be unconscionable, the parties must be afforded a reasonable opportunity to present evidence as to the commercial setting, purpose and effect of the lease contract, term or conduct to aid the court in making the determination.(d) In an action in which a lessee claims unconscionability with respect to a consumer lease, the following rules apply:(1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the lessee.(2) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsection (a) or (b) of this section is not controlling.(P.A. 02-131, S. 7.)History: (Revisor's note: In Subsec. (a), “that” was deleted editorially by the Revisors after “matter of law finds” for grammatical accuracy).
CT Gen Stat § 42a-2A-108 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-108 - Option to accelerate at will.

 (a) A term in a lease agreement providing that one party or the party's successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure”, or words of similar import, shall be construed to mean that the party shall have power to do so only if the party in good faith believes that the prospect of payment or performance is impaired.(b) In a consumer lease, the burden of establishing good faith under subsection (a) of this section is on the party that exercised the power. In all other leases, the burden of establishing lack of good faith is on the party against which the power has been exercised.(P.A. 02-131, S. 8.)
CT Gen Stat § 42a-2A-109 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2A - Leases|Section 42a-2A-109 - Effect of agreement; questions determined by court.

 (a) Unless a section in this article otherwise provides, the effect of any provision of this article may be varied by agreement.(b) The presence of mandatory language, such as “must” or “shall”, or the absence of enabling language, such as “unless otherwise agreed”, does not by itself preclude the parties from varying by agreement a provision of this article.(c) Whenever this article allocates a risk or imposes a burden as between the parties, they may agree to shift the allocation and apportion the risk or burden.(P.A. 02-131, S. 9.)