reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 2.718 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.718. Liquidation or Limitation of Damages; Deposits

Sec. 2.718.  LIQUIDATION OR LIMITATION OF DAMAGES;  DEPOSITS.  (a)  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 non-feasibility of otherwise obtaining an adequate remedy.  A term fixing unreasonably large liquidated damages is void as a penalty.(b)  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(1)  the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with Subsection (a), or(2)  in the absence of such terms, twenty percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.(c)  The buyer's right to restitution under Subsection (b) is subject to offset to the extent that the seller establishes(1)  a right to recover damages under the provisions of this chapter other than Subsection (a), and(2)  the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.(d)  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 (b);  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 this chapter on resale by an aggrieved seller (Section 2.706).|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.719 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.719. Contractual Modification or Limitation of Remedy

Sec. 2.719.  CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.  (a)  Subject to the provisions of Subsections (b) and (c) of this section and of the preceding section on liquidation and limitation of damages,(1)  the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts;  and(2)  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.(b)  Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.(c)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.720 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach

Sec. 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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.721 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.721. Remedies for Fraud

Sec. 2.721.  REMEDIES FOR FRAUD.  Remedies for material misrepresentation or fraud include all remedies available under this chapter for non-fraudulent 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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.722 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.722. Who Can Sue Third Parties for Injury to Goods

Sec. 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(1)  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;(2)  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;(3)  either party may with the consent of the other sue for the benefit of whom it may concern.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.723 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.723. Proof of Market Price: Time and Place

Sec. 2.723.  PROOF OF MARKET PRICE:  TIME AND PLACE.  (a)  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 (Section 2.708 or Section 2.713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.(b)  If evidence of a price prevailing at the times or places described in this chapter 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.(c)  Evidence of a relevant price prevailing at a time or place other than the one described in this chapter 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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.724 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.724. Admissibility of Market Quotations

Sec. 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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.725 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter G. Remedies|Section 2.725. Statute of Limitations in Contracts for Sale

Sec. 2.725.  STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.  (a)  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.(b)  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.(c)  Where an action commenced within the time limited by Subsection (a) 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.(d)  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 this title becomes effective.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2A.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.101. Short Title

Sec. 2A.101.  SHORT TITLE.  This chapter shall be known and may be cited as the Uniform Commercial Code--Leases.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.102. Scope

Sec. 2A.102.  SCOPE.  This chapter applies to any transaction, regardless of form, that creates a lease of goods.  This chapter does not apply to a transaction that creates an interest in or lease of real estate, except to the extent that provision is made for leases of fixtures by Section 2A.309.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.104 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.104. Leases Subject to Other Laws

Sec. 2A.104.  LEASES SUBJECT TO OTHER LAWS.  (a)  A lease, although subject to this chapter, is also subject to any applicable:(1)  certificate of title statute of this state, including Chapter 501, Transportation Code, Chapter 31, Parks and Wildlife Code, and Subchapter E, Chapter 1201, Occupations Code;(2)  certificate of title statute of another jurisdiction (Section 2A.105); or(3)  consumer law of this state, both decisional and statutory, including, to the extent that they apply to a lease transaction:(A)  Titles 6, 7, 8, 9, and 14;(B)  Subtitle A, Title 11;(C)  Chapters 17, 53, 54, 72, 92, 101, 103, 305, 323, 522, 523, 602, 603, 604, and 2001;(D)  Section 65.017, Civil Practice and Remedies Code;(E)  Chapter 1201, Occupations Code; and(F)  Chapter 25, Transportation Code.(b)  In case of conflict between this chapter, other than Sections 2A.105, 2A.304(c) and 2A.305(c), and any statute or law referred to in Subsection (a), the statute or law controls.(c)  Failure to comply with any applicable statute has only the effect specified therein.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.176, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.753, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.03, eff. April 1, 2009.|
TX Bus & Com Code § 2A.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.105. Territorial Application of Chapter to Goods Covered by Certificate of Title

Sec. 2A.105.  TERRITORIAL APPLICATION OF CHAPTER TO GOODS COVERED BY CERTIFICATE OF TITLE.  Subject to the provisions of Sections 2A.304(c) and 2A.305(c), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of:(1)  surrender of the certificate;  or(2)  four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.106 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

Sec. 2A.106.  LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE TO CHOOSE APPLICABLE LAW AND JUDICIAL FORUM.  (a)  If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable.(b)  If the judicial forum chosen by the parties to a consumer lease is a forum located in a jurisdiction other than the jurisdiction in which the lessee in fact signed the lease agreement, resides at the commencement of the action, or resided at the time the lease contract became enforceable or in which the goods are in fact used by the lessee, the choice is not enforceable.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.107 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.107. Waiver or Renunciation of Claim or Right After Default

Sec. 2A.107.  WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT.  A claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.108 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.108. Unconscionability

Sec. 2A.108.  UNCONSCIONABILITY.  (a)  If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.(b)  With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.(c)  Before making a finding of unconscionability under Subsection (a) or (b), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof or of the conduct.(d)  In an action in which the lessee claims unconscionability with respect to a consumer lease:(1)  if the court finds unconscionability under Subsection (a) or (b), the court shall award reasonable attorney's fees to the lessee;(2)  if the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made;  and(3)  in determining attorney's fees, the amount of the recovery on behalf of the claimant under Subsections (a) and (b) is not controlling.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.109 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter A. General Provisions|Section 2A.109. Option to Accelerate at Will

Sec. 2A.109.  OPTION TO ACCELERATE AT WILL.  (a)  A term 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 himself or herself insecure" or in words of similar import must be construed to mean that the party has power to do so only if the party in good faith believes that the prospect of payment or performance is impaired.(b)  With respect to a consumer lease, the burden of establishing good faith under Subsection (a) is on the party who exercises the power;  otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.201 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter B. Formation and Construction of Lease Contract|Section 2A.201. Statute of Frauds

Sec. 2A.201.  STATUTE OF FRAUDS.  (a)  A lease contract is not enforceable by way of action or defense unless:(1)  the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000;  or(2)  there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.(b)  Any description of leased goods or of the lease term is sufficient and satisfies Subsection (a)(2), whether or not it is specific, if it reasonably identifies what is described.(c)  A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under Subsection (a)(2) beyond the lease term and the quantity of goods shown in the writing.(d)  A lease contract that does not satisfy the requirements of Subsection (a), but which is valid in other respects, is enforceable:(1)  if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;(2)  if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted;(3)  with respect to goods that have been received and accepted by the lessee;  or(4)  if the lease contract would otherwise be enforceable under general principles of equitable estoppel, detrimental reliance or unjust enrichment.(e)  The lease term under a lease contract referred to in Subsection (d) is:(1)  if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;(2)  if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted;  or(3)  a reasonable lease term.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.202 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter B. Formation and Construction of Lease Contract|Section 2A.202. Final Written Expression; Parol or Extrinsic Evidence

Sec. 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 a prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:(1)  by course of dealing or usage of trade or by course of performance;  and(2)  by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.203 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter B. Formation and Construction of Lease Contract|Section 2A.203. Seals Inoperative

Sec. 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.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.204 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter B. Formation and Construction of Lease Contract|Section 2A.204. Formation in General

Sec. 2A.204.  FORMATION IN GENERAL.  (a)  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.(b)  An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.(c)  Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|
TX Bus & Com Code § 2A.205 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2A - Leases|Subchapter B. Formation and Construction of Lease Contract|Section 2A.205. Firm Offers

Sec. 2A.205.  FIRM OFFERS.  An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months.  Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.|