reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 2A.519 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.519. Lessee's Damages for Nondelivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods

Sec. 2A.519.  LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.  (a)  Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties (Sections 1.302 and 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 Section 2A.518(b) 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.(b)  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.(c)  Except as otherwise agreed, if the lessee has accepted goods and given notification (Section 2A.516(c)), 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.(d)  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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 542, Sec. 7, eff. Sept. 1, 2003.|
TX Bus & Com Code § 2A.520 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.520. Lessee's Incidental and Consequential Damages

Sec. 2A.520.  LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES.  (a)  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.(b)  Consequential damages resulting from a lessor's default include:(1)  any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise;  and(2)  injury to person or property proximately resulting from any breach of warranty.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.521 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.521. Lessee's Right to Specific Performance, Replevin, and Other Remedies

Sec. 2A.521.  LESSEE'S RIGHT TO SPECIFIC PERFORMANCE, REPLEVIN, AND OTHER REMEDIES.  (a)  Specific performance may be decreed if the goods are unique or in other proper circumstances.(b)  A decree for specific performance may include the terms and conditions as to payment of the rent, damages, or other relief that the court deems just.(c)  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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.522 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.522. Lessee's Right to Goods on Lessor's Insolvency

Sec. 2A.522.  LESSEE'S RIGHT TO GOODS ON LESSOR'S INSOLVENCY.  (a)  Subject to Subsection (b) 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 (Section 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.(b)  A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.523 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.523. Lessor's Remedies

Sec. 2A.523.  LESSOR'S REMEDIES.  (a)  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 contract is substantially impaired (Section 2A.510), the lessee is in default under the lease contract and the lessor may:(1)  cancel the lease contract (Section 2A.505(a));(2)  proceed respecting goods not identified to the lease contract (Section 2A.524);(3)  withhold delivery of the goods and take possession of goods previously delivered (Section 2A.525);(4)  stop delivery of the goods by any bailee (Section 2A.526);(5)  dispose of the goods and recover damages (Section 2A.527), or retain the goods and recover damages (Section 2A.528), or in a proper case recover rent (Section 2A.529);  or(6)  exercise any other rights or pursue any other remedies provided in the lease contract.(b)  If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under Subsection (a), 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.(c)  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:(1)  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 by Subsection (a) or (b);  or(2)  if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided by Subsection (b).|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.524 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.524. Lessor's Right to Identify Goods to Lease Contract

Sec. 2A.524.  LESSOR'S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.  (a)  A lessor aggrieved under Section 2A.523(a) may:(1)  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(2)  dispose of goods (Section 2A.527(a)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.(b)  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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.525 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.525. Lessor's Right to Possession of Goods

Sec. 2A.525.  LESSOR'S RIGHT TO POSSESSION OF GOODS.  (a)  If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.(b)  After a default by the lessee under the lease contract of the type described by Section 2A.523(a) or (c)(1) 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 which 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 (Section 2A.527).(c)  The lessor may proceed under Subsection (b) without judicial process if that can be done without breach of the peace or the lessor may proceed by action.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.526 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.526. Lessor's Stoppage of Delivery in Transit or Otherwise

Sec. 2A.526.  LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.  (a)  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.(b)  In pursuing its remedies under Subsection (a), the lessor may stop delivery until:(1)  receipt of the goods by the lessee;(2)  acknowledgement to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or(3)  such an acknowledgement to the lessee by a carrier via reshipment or as a warehouse.(c)(1) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.(2)  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.(3)  A carrier who has issued a nonnegotiable bill of lading is not obligated to obey a notification to stop received from a person other than the consignor.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 15, eff. September 1, 2005.|
TX Bus & Com Code § 2A.527 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.527. Lessor's Rights to Dispose of Goods

Sec. 2A.527.  LESSOR'S RIGHTS TO DISPOSE OF GOODS.  (a)  After a default by a lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1) or after the lessor refuses to deliver or takes possession of goods (Section 2A.525 or 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.(b)  Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties (Sections 1.302 and 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 (1) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (2) 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 which is comparable to the then remaining term of the original lease agreement, and (3) any incidental damages allowed under Section 2A.530, less expenses saved in consequence of the lessee's default.(c)  If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under Subsection (b), 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 Section 2A.528 governs.(d)  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.(e)  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 (Section 2A.508(e)).|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 542, Sec. 8, eff. Sept. 1, 2003.|
TX Bus & Com Code § 2A.528 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default

Sec. 2A.528.  LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.  (a)  Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties (Sections 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 reason does not qualify for treatment under Section 2A.527(b) or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Section 2A.523(a) or (c)(1), or, if agreed, for other default of the lessee, (i) 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, (ii) the present value as of the date determined under clause (i) 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 (iii) any incidental damages allowed under Section 2A.530, less expenses saved in consequence of the lessee's default.(b)  If the measure of damages provided in Subsection (a) 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, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under Section 2A.530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 542, Sec. 9, eff. Sept. 1, 2003.|
TX Bus & Com Code § 2A.529 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.529. Lessor's Action for the Rent

Sec. 2A.529.  LESSOR'S ACTION FOR THE RENT.  (a)  After default by the lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1), or, if agreed, after other default by the lessee, if the lessor complies with Subsection (b), the lessor may recover from the lessee as damages:(1)  for goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (Section 2A.219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 2A.530, less expenses saved in consequence of the lessee's default;  and(2)  for goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 2A.530, less expenses saved in consequence of the lessee's default.(b)  Except as provided by Subsection (c) of this section, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.(c)  The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to Subsection (a).  If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by Section 2A.527 or 2A.528, and the lessor will cause an appropriate credit to be provided against any judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to Section 2A.527 or 2A.528.(d)  Payment of the judgment for damages obtained pursuant to Subsection (a) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.(e)  After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (Section 2A.402), a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under Section 2A.527 or 2A.528.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.530 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.530. Lessor's Incidental Damages

Sec. 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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.531 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.531. Standing to Sue Third Parties for Injury to Goods

Sec. 2A.531.  STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS.  (a)  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:(1)  the lessor has a right of action against the third party;  and(2)  the lessee also has a right of action against the third party if the lessee:(A)  has a security interest in the goods;(B)  has an insurable interest in the goods;(C)  bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.(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 lease contract and there is no arrangement between them for disposition of the recovery, the party's suit or settlement, subject to the party's own interest, is as a fiduciary for the other party to the lease contract.(c)  Either party with the consent of the other may sue for the benefit of whom it may concern.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.532 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter E. Default|Section 2A.532. Lessor's Rights to Residual Interest

Sec. 2A.532.  LESSOR'S RIGHTS TO RESIDUAL INTEREST.  In addition to any other recovery permitted by this chapter 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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 3.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter A. General Provisions and Definitions|Section 3.101. Short Title

Sec. 3.101.  SHORT TITLE.  This chapter may be cited as Uniform Commercial Code-Negotiable Instruments.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter A. General Provisions and Definitions|Section 3.102. Subject Matter

Sec. 3.102.  SUBJECT MATTER.  (a)  This chapter applies to negotiable instruments.  It does not apply to money, to payment orders governed by Chapter 4A, or to securities governed by Chapter 8.(b)  If there is conflict between this chapter and Chapter 4 or 9, Chapters 4 and 9 govern.(c)  Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter A. General Provisions and Definitions|Section 3.105. Issue of Instrument

Sec. 3.105.  ISSUE OF INSTRUMENT.  (a)  "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.(b)  An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense.  An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.(c)  "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|