reglab/housing_qa huggingface dataset:
DC Code § 28:2-721 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-721. 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.  (Dec. 30, 1963, 77 Stat. 670, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-721. 1973 Ed., § 28:2-721. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To correct the situation by which remedies for fraud have been more circumscribed than the more modern and mercantile remedies for breach of warranty. Thus the remedies for fraud are extended by this section to coincide in scope with those for non-fraudulent breach. This section thus makes it clear that neither rescission of the contract for fraud nor rejection of the goods bars other remedies unless the circumstances of the case make the remedies incompatible. Definitional Cross References: “Contract for sale”. Section 2-106. “Goods”. Section 1-201. “Remedy”, Section 1-201.
DC Code § 28:2-722 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-722. 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.  (Dec. 30, 1963, 77 Stat. 670, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-722. 1973 Ed., § 28:2-722. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To adopt and extend somewhat the principle of the statutes which provide for suit by the real party in interest. The provisions of this section apply only after identification of the goods. Prior to that time only the seller has a right of action. During the period between identification and final acceptance (except in the case of revocation of acceptance) it is possible for both parties to have the right of action. Even after final acceptance both parties may have the right of action if the seller retains possession or otherwise retains an interest. Definitional Cross References: “Action”. Section 1-201. “Buyer”. Section 2-103. “Contract for sale”. Section 2-106. “Goods”. Section 2-105. “Party”. Section 1-201. “Rights”. Section 1-201. “Security interest”. Section 1-201.
DC Code § 28:2-723 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-723. 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 (section 28:2-708 or section 28:2-713) 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 times 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.  (Dec. 30, 1963, 77 Stat. 670, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-723. 1973 Ed., § 28:2-723. Section References This section is referenced in § 28:2-708 and § 28:2-713. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To eliminate the most obvious difficulties arising in connection with the determination of market price, when that is stipulated as a measure of damages by some provision of this Article. Where the appropriate market price is not readily available the court is here granted reasonable leeway in receiving evidence of prices current in other comparable markets or at other times comparable to the one in question. In accordance with the general principle of this Article against surprise, however, a party intending to offer evidence of such a substitute price must give suitable notice to the other party. This section is not intended to exclude the use of any other reasonable method of determining market price or of measuring damages if the circumstances of the case make this necessary. Definitional Cross References: “Action”. Section 1-201. “Aggrieved party”. Section 1-201. “Goods”. Section 2-105. “Notifies”. Section 1-201. “Party”. Section 1-201. “Reasonable time”. Section 1-204. “Usage of trade”. Section 1-205.
DC Code § 28:2-724 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VII - Remedies|§ 28:2-724. 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.  (Dec. 30, 1963, 77 Stat. 670, Pub. L. 88-243, § 1; Apr. 9, 1997, D.C. Law 11-255, § 27(oo), 44 DCR 1271.)  Prior Codifications 1981 Ed., § 28:2-724. 1973 Ed., § 28:2-724. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To make market quotations admissible in evidence while providing for a challenge of the material by showing the circumstances of its preparation. No explicit provision as to the weight to be given to market quotations is contained in this section, but such quotations, in the absence of compelling challenge, offer an adequate basis for a verdict. Market quotations are made admissible when the price or value of goods traded “in any established market” is in issue. The reason of the section does not require that the market be closely organized in the manner of a produce exchange. It is sufficient if transactions in the commodity are frequent and open enough to make a market established by usage in which one price can be expected to affect another and in which an informed report of the range and trend of prices can be assumed to be reasonably accurate. This section does not in any way intend to limit or negate the application of similar rules of admissibility to other material, whether by action of the courts or by statute. The purpose of the present section is to assure a minimum of mercantile administration in this important situation and not to limit any liberalizing trend in modern law. Definitional Cross Reference: “Goods”. Section 2-105.
DC Code § 28:2A-105 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part I - General Provisions|§ 28:2A-105. Territorial application of article to goods covered by certificate of title

Subject to the provisions of §§ 28:2A-304(c) and 28:2A-305(c), with respect to goods covered by a certificate of title issued under a statute of the District 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 (i) surrender of the certificate, or (ii) 4 months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-105. Section References This section is referenced in § 28:1-301 and § 28:2A-104. Uniform Commercial Code Comment Uniform Statutory Source:Section 9-103(2)(a) and (b). Changes: Substantially revised. The provisions of the last sentence of Section 9-103(2)(b) have not been incorporated as it is superfluous in this context. The provisions of Section 9-103(2)(d) have not been incorporated because the problems dealt with are adequately addressed by this section and Sections 2A-304(3) and 305(3). Purposes: The new certificate referred to in (b) must be permanent, not temporary. Generally, the lessor or creditor whose interest is indicated on the most recently issued certificate of title will prevail over interests indicated on certificates issued previously by other jurisdictions. This provision reflects a policy that it is reasonable to require holders of interests in goods covered by a certificate of title to police the goods or risk losing their interests when a new certificate of title is issued by another jurisdiction. Cross References: Sections 2A-304(3), 2A-305(3), 9-103(2)(b) and 9-103(2)(d). Definitional Cross Reference: “Goods”. Section 2A-103(1)(h).
DC Code § 28:2A-106 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part I - General Provisions|§ 28:2A-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 that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-106. Section References This section is referenced in § 28:1-301. Uniform Commercial Code Comment Uniform Statutory Source: Unif. Consumer Credit Code s 1.201(8), 7A U.L.A. 36 (1974). Changes: Substantially revised. Purposes: There is a real danger that a lessor may induce a consumer lessee to agree that the applicable law will be a jurisdiction that has little effective consumer protection, or to agree that the applicable forum will be a forum that is inconvenient for the lessee in the event of litigation. As a result, this section invalidates these choice of law or forum clauses, except where the law chosen is that of the state of the consumer’s residence or where the goods will be kept, or the forum chosen is one that otherwise would have jurisdiction over the lessee. Subsection (1) limits potentially abusive choice of law clauses in consumer leases. The 30-day rule in subsection (1) was suggested by Section 9-103(1)(c). This section has no effect on choice of law clauses in leases that are not consumer leases. Such clauses would be governed by other law. Subsection (2) prevents enforcement of potentially abusive jurisdictional consent clauses in consumer leases. By using the term judicial forum, this section does not limit selection of a nonjudicial forum, such as arbitration. This section has no effect on choice of forum clauses in leases that are not consumer leases; such clauses are, as a matter of current law, “prima facie valid“. The Bremen v. Zapata Off-Shore, Co., 407 U.S. 1, 10 (1972). Such clauses would be governed by other law, including the Model Choice of Forum Act (1968). Cross Reference:Section 9-103(1)(c). Definitional Cross Reference: “Consumer lease”. Section 2A-103(1)(e). “Lease agreement”. Section 2A-103(1)(k). “Lessee”. Section 2A-103(1)(n). “Goods”. Section 2A-103(1)(h). “Party”. Section 1-201(29).
DC Code § 28:2A-107 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part I - General Provisions|§ 28:2A-107. Waiver or renunciation of claim or right after default

Any 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.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-107. Uniform Commercial Code Comment Uniform Statutory Source:Section 1-107. Changes: Revised to reflect leasing practices and terminology. This clause is used throughout the official comments to this Article to indicate the scope of change in the provisions of the Uniform Statutory Source included in the section; these changes range from one extreme, e.g., a significant difference in practice (a warranty as to merchantability is not implied in a finance lease (Section 2A-212)) to the other extreme, e.g., a modest difference in style or terminology (the transaction governed is a lease not a sale (Section 2A-103)). Cross References: Sections 2A-103 and 2A-212. Definitional Cross References: “Aggrieved party”. Section 1-201(2). “Delivery”. Section 1-201(14). “Rights”. Section 1-201(36). “Signed”. Section 1-201(39). “Written”. Section 1-201(46).
DC Code § 28:2A-109 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part I - General Provisions|§ 28:2A-109. Option to accelerate at will

(a) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure” or in words of similar import must be construed to mean that he or she has power to do so only if he or she 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) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-109. Uniform Commercial Code Comment Uniform Statutory Source:Section 1-208 and Unif. Consumer Credit Code s 5.109(2), 7A U.L.A. 171 (1974). Purposes: Subsection (1) reflects modest changes in style to the provisions of the first sentence of Section 1-208. Subsection (2), however, reflects a significant change in the provisions of the second sentence of Section 1-208 by creating a new rule with respect to a consumer lease. A lease provision allowing acceleration at the will of the lessor or when the lessor deems itself insecure is of critical importance to the lessee. In a consumer lease it is a provision that is not usually agreed to by the parties but is usually mandated by the lessor. Therefore, where its invocation depends not on specific criteria but on the discretion of the lessor, its use should be regulated to prevent abuse. Subsection (1) imposes a duty of good faith upon its exercises. Subsection (2) shifts the burden of establishing good faith to the lessor in the case of a consumer lease, but not otherwise. Cross Reference:Section 1-208. Definitional Cross Reference: “Burden of establishing”. Section 1-201(8). “Consumer lease”. Section 2A-103(1)(e). “Good faith”. Sections 1-201(19) and 2-103(1)(b). “Party”. Section 1-201(29). “Term”. Section 1-201(42).
DC Code § 28:2A-202 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-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 any 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.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-202. Section References This section is referenced in § 28:2A-214. Uniform Commercial Code Comment Uniform Statutory Source:Section 2-202. Definitional Cross References: “Agreement”. Section 1-201(3). “Course of dealing”. Section 1-205. “Party”. Section 1-201(29). “Term”. Section 1-201(42). “Usage of trade”. Section 1-205. “Writing”. Section 1-201(46).
DC Code § 28:2A-203 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-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.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-203. Uniform Commercial Code Comment Uniform Statutory Source:Section 2-203. Changes: Revised to reflect leasing practices and terminology. Definitional Cross References: “Lease contract”. Section 2A-103(1)(l). “Writing”. Section 1-201(46).
DC Code § 28:2A-204 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-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.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-204. Uniform Commercial Code Comment Uniform Statutory Source:Section 2-204. Changes: Revised to reflect leasing practices and terminology. Definitional Cross References: “Agreement”. Section 1-201(3). “Lease contract”. Section 2A-103(1)(l). “Party”. Section 1-201(29). “Remedy”. Section 1-201(34). “Term”. Section 1-201(42).
DC Code § 28:2A-205 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-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 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-205. Uniform Commercial Code Comment Uniform Statutory Source:Section 2-205. Changes: Revised to reflect leasing practices and terminology. Definitional Cross References: “Goods”. Section 2A-103(1)(h). “Lease”. Section 2A-103(1)(j). “Merchant”. Section 2-104(1). “Person”. Section 1-201(30). “Reasonable time”. Section 1-204(1) and (2). “Signed”. Section 1-201(39). “Term”. Section 1-201(42). “Writing”. Section 1-201(46).
DC Code § 28:2A-206 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-206. Offer and acceptance in formation of lease contract

(a) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. (b) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)  Prior Codifications 1981 Ed., § 28:2A-206. Uniform Commercial Code Comment Uniform Statutory Source:Section 2-206(1)(a) and (2). Changes: Revised to reflect leasing practices and terminology. Definitional Cross References: “Lease contract”. Section 2A-103(1)(l). “Notifies”. Section 1-201(26). “Reasonable time”. Section 1-204(1) and (2).
DC Code § 28:2A-207 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2A - Leases|Part II - Formation and Construction of Lease Contract|§ 28:2A-207. Course of performance or practical construction

Repealed.  (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830; Apr. 27, 2013, D.C. Law 19-299, § 4(b), 60 DCR 2634.)  Prior Codifications 1981 Ed., § 28:2A-207. Editor's Notes For present law, see § 28:1-303. Uniform Commercial Code Comment Uniform Statutory Source:Sections 2-208 and 1-205(4). Changes: Revised to reflect leasing practices and terminology, except that subsection (2) was further revised to make the subsection parallel the provisions of Section 1-205(4) by adding that course of dealing controls usage of trade. Purposes: The section should be read in conjunction with Section 2A-208. In particular, although a specific term may control over course of performance as a matter of lease construction under subsection (2), subsection (3) allows the same course of dealing to show a waiver or modification, if Section 2A-208 is satisfied. Cross References:Sections 1-205(4), 2-208 and 2A-208. Definitional Cross References: “Course of dealing”. Section 1-205. “Knowledge”. Section 1-201(25). “Lease agreement”. Section 2A-103(1)(k). “Lease contract”. Section 2A-103(1)(l). “Party”. Section 1-201(29). “Term”. Section 1-201(42). “Usage of trade”. Section 1-205.