reglab/housing_qa huggingface dataset:
AK Stat § 45.12.104 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.104. Leases subject to other law.

(a) A lease, although subject to this chapter, is also subject to an applicable (1) certificate of title statute of this state, including AS 28.10.201; (2) certificate of title statute of another jurisdiction as provided in AS 45.12.105; (3) consumer protection statute of this state, or final consumer protection decision of a court of this state existing on January 1, 1994; or (4) provision of AS 36.30 (State Procurement Code). (b) In case of conflict between this chapter, other than AS 45.12.105, 45.12.304(c), and 45.12.305(c), and a statute or decision referred to in (a) of this section, the statute or decision controls. (c) Failure to comply with an applicable law has only the effect specified in it.
AK Stat § 45.12.105 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.105. Territorial application of article to goods covered by certificate of title.

Subject to the provisions of AS 45.12.304(c) and 45.12.305(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 after that date until a new certificate of title is issued by another jurisdiction.
AK Stat § 45.12.106 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.106. 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 after that date 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.
AK Stat § 45.12.107 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.107. Waiver or renunciation of claim or right after default or breach.

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.
AK Stat § 45.12.108 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.108. Unconscionability.

(a) If the court as a matter of law finds a lease contract or a 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 an unconscionable clause as to avoid an unconscionable result. (b) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or a 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 (a) or (b) of this section, 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 of the contract, or of the conduct. (d) Notwithstanding Rule 82, Alaska Rules of Civil Procedure, in an action in which the lessee claims unconscionability with respect to a consumer lease (1) if the court finds unconscionability under (a) or (b) of this section, the court shall award reasonable attorney fees to the lessee; (2) if the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney fees to the party against whom the claim is made; (3) in determining attorney fees, the amount of the recovery on behalf of the claimant under (a) and (b) of this section is not controlling.
AK Stat § 45.12.109 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 1. General Provisions.|Sec. 45.12.109. 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 considers itself insecure,” or in words of similar import, shall 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 (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.
AK Stat § 45.12.201 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.201. 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) A description of leased goods or of the lease term is sufficient and satisfies (a)(2) of this section, 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 (a)(2) of this section beyond the lease term and the quantity of goods shown in the writing. (d) A lease contract that does not satisfy the requirements of (a) of this section, but that 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 paragraph beyond the quantity of goods admitted; or (3) with respect to goods that have been received and accepted by the lessee. (e) The lease term under a lease contract referred to in (d) of this section 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 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 admitted; or (3) a reasonable lease term.
AK Stat § 45.12.202 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.202. Final written expression: parol or extrinsic evidence.

Terms with respect to which the confirmatory memoranda of the parties agree or that are otherwise set out in a writing intended by the parties as a final expression of their agreement with respect to the terms that are included in the memoranda or other writing 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.
AK Stat § 45.12.203 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.203. 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.
AK Stat § 45.12.204 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.204. Formation in general.

(a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that 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.
AK Stat § 45.12.205 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.205. 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 that 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; however, in no event may the period of irrevocability exceed three months. A term of assurance under this section on a form supplied by the offeree shall be separately signed by the offeror.
AK Stat § 45.12.206 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.206. 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 under 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.
AK Stat § 45.12.208 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.208. Modification, rescission, and waiver.

(a) An agreement modifying a lease contract does not need consideration to be binding. (b) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party. (c) Although an attempt at modification or rescission does not satisfy the requirements of (b) of this section, it may operate as a waiver. (d) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
AK Stat § 45.12.209 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.209. Lessee under finance lease as beneficiary of supply contract.

(a) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of a third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising from the warranty or supply contract. (b) The extension of the benefit of a supplier's promises and of warranties to the lessee under (a) of this section does not (1) modify the rights and obligations of the parties to the supply contract, whether arising from it or otherwise; or (2) impose a duty or liability under the supply contract on the lessee. (c) A modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is considered to have assumed, in addition to the obligations of the lessor under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission. (d) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under (a) of this section, the lessee retains all rights that the lessee may have against the supplier that arise from an agreement between the lessee and the supplier or under other law.
AK Stat § 45.12.210 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.210. Express warranties.

(a) Express warranties by the lessor are created as follows: (1) an affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise; (2) a description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description; (3) a sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. (b) It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee,” or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
AK Stat § 45.12.211 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.211. Warranties against interference and against infringement; lessee's obligation against infringement.

(a) There is in a lease contract a warranty that for the lease term a person does not hold a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, that will interfere with the lessee's enjoyment of its leasehold interest. (b) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like. (c) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
AK Stat § 45.12.212 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.212. Implied warranty of merchantability.

(a) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (b) Goods to be merchantable must be at least goods that (1) pass without objection in the trade under the description in the lease agreement; (2) in the case of fungible goods, are of fair average quality within the description; (3) are fit for the ordinary purposes for which goods of that type are used; (4) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (5) are adequately contained, packaged, and labeled as the lease agreement may require; and (6) conform to any promises or affirmations of fact made on the container or label. (c) Other implied warranties may arise from course of dealing or usage of trade.
AK Stat § 45.12.213 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.213. Implied warranty of fitness for particular purpose.

Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of a particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
AK Stat § 45.12.214 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.214. Exclusion or modification of warranties.

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty shall be construed wherever reasonable as consistent with each other; but, subject to the provisions of AS 45.12.202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (b) Subject to (c) of this section, to exclude or modify the implied warranty of merchantability or a part of it the language must mention “merchantability,” be by a writing, and be conspicuous. Subject to (c) of this section, to exclude or modify an implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous, and states, for example, “There is no warranty that the goods will be fit for a particular purpose.” (c) Notwithstanding (b) of this section, but subject to (d) of this section, (1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” or “with all fault,” or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (2) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (3) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade. (d) To exclude or modify a warranty against interference or against infringement described in AS 45.12.211 or a part of the warranty, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
AK Stat § 45.12.215 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.215. Cumulation and conflict of warranties express or implied.

Warranties, whether express or implied, shall be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (1) exact or technical specifications displace an inconsistent sample or model or general language of description; (2) a sample from an existing bulk displaces inconsistent general language of description; (3) express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
AK Stat § 45.12.216 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.216. Third-party beneficiaries of express and implied warranties.

A warranty to or for the benefit of a lessee under this chapter, whether express or implied, extends to any natural person who may reasonably be expected to use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including an exclusion, a modification, or a limitation with respect to rights and remedies, effective against the lessee is also effective against the beneficiary designated under this section.
AK Stat § 45.12.217 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.217. Identification.

Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs (1) when the lease contract is made if the lease contract is for a lease of goods that are existing and identified; (2) when the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers if the lease contract is for a lease of goods that are not existing and identified; or (3) when the young are conceived if the lease contract is for a lease of unborn young of animals.
AK Stat § 45.12.218 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.218. Insurance and proceeds.

(a) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them. (b) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified. (c) Notwithstanding a lessee's insurable interest under (a) - (b) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee. (d) This section does not impair an insurable interest recognized under another statute or rule of law. (e) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.