reglab/housing_qa huggingface dataset:
UT Code § 70A-2a-504 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 504 - Liquidation of damages.

70A-2a-504. Liquidation of damages.    (1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement, but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.     (2) If the lease agreement provides for liquidation of damages, and such provision does not comply with Subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.     (3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency as provided in Section 70A-2a-525 or 70A-2a-526, the lessee is entitled to restitution of any amount by which the sum of his payments exceeds:   (a) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with Subsection (1); or     (b) in the absence of those terms, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500.       (4) A lessee's right to restitution under Subsection (3) is subject to offset to the extent the lessor establishes:   (a) a right to recover damages under the provisions of this chapter other than Subsection (1); and     (b) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.      Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-505 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 505 - Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies.

70A-2a-505. Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies.    (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.     (2) On termination of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives.     (3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.     (4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this chapter for default.     (5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-506 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 506 - Statute of limitations.

70A-2a-506. Statute of limitations.    (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the cause of action accrued. By the original lease contract, the parties may reduce the period of limitation to not less than one year.     (2) A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause for action of indemnity accrues:   (a) in the case of an indemnity against liability, when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later; or     (b) in the case of an indemnity against loss or damage, when the person indemnified makes payment thereof.       (3) If an action commenced within the time limited by Subsection (1) is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limit and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.     (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before July 1, 1990.    Amended by Chapter 13, 1998 General Session
UT Code § 70A-2a-507 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 507 - Proof of market rent -- Time and place.

70A-2a-507. Proof of market rent -- Time and place.    (1) Damages based on market rent as provided in Section 70A-2a-519 or 70A-2a-528 are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in Sections 70A-2a-519 and 70A-2a-528.     (2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term 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 difference, including the cost of transporting the goods to or from the other place.     (3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until he has given the other party notice the court finds sufficient to prevent unfair surprise.     (4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.    Amended by Chapter 237, 1993 General Session
UT Code § 70A-2a-508 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 508 - Lessee's remedies.

70A-2a-508. Lessee's remedies.    (1) If a lessor fails to deliver the goods in conformity to the lease contract as provided in Section 70A-2a-509 or repudiates the lease contract as provided in Section 70A-2a-402, or a lessee rightfully rejects the goods as provided in Section 70A-2a-509 or justifiably revokes acceptance of the goods as provided in Section 70A-2a-517, 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 as provided in Section 70A-2a-510, the lessor is in default under the lease contract and the lessee may:   (a) cancel the lease contract as provided in Subsection 70A-2a-505(1);     (b) recover so much of the rent and security as has been paid and is just under the circumstances;     (c) cover and recover damages as to all goods affected whether or not they have been identified to the lease contract as provided in Sections 70A-2a-518 and 70A-2a-520, or recover damages for nondelivery as provided in Sections 70A-2a-519 and 70A-2a-520; or     (d) exercise any other rights or pursue any other remedies provided in the lease contract.       (2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:   (a) if the goods have been identified, recover them as provided in Section 70A-2a-522; or     (b) in a proper case, obtain specific performance or replevy the goods as provided in Section 70A-2a-521.       (3) If a lessor is in default under the lease contract, the lessee may exercise the rights and pursue the remedies provided for in the lease contract, which may include the right to cancel the lease, and in Section 70A-2a-519.     (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages as provided in Subsection 70A-2a-519(4).     (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of Subsection 70A-2a-527(5).     (6) Subject to the provisions of Section 70A-2a-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.    Amended by Chapter 237, 1993 General Session
UT Code § 70A-2a-509 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 509 - Lessee's rights on improper delivery -- Rightful rejection.

70A-2a-509. Lessee's rights on improper delivery -- Rightful rejection.    (1) Subject to the provisions of Section 70A-2a-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.     (2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-510 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 510 - Installment lease contracts -- Rejection and default.

70A-2a-510. Installment lease contracts -- Rejection and default.    (1) Under an installment lease contract, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within Subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.     (2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole, there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-511 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 511 - Merchant lessee's duties as to rightfully rejected goods.

70A-2a-511. Merchant lessee's duties as to rightfully rejected goods.    (1) Subject to any security interest of a lessee as provided in Subsection 70A-2a-508(5), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.     (2) If a merchant lessee under Subsection (1) or any other lessee under Section 70A-2a-512 disposes of goods, he is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10% of the gross proceeds.     (3) In complying with this section or Section 70A-2a-512, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.     (4) A purchaser who purchases in good faith from a lessee pursuant to this section or Section 70A-2a-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this chapter.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-512 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 512 - Lessee's duties as to rightfully rejected goods.

70A-2a-512. Lessee's duties as to rightfully rejected goods.    (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily as provided in Section 70A-2a-511 and subject to any security interest of a lessee as provided in Subsection 70A-2a-508(5):   (a) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection;     (b) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in Section 70A-2a-511; but     (c) the lessee has no further obligations with regard to goods rightfully rejected.       (2) Action by the lessee pursuant to Subsection (1) is not acceptance or conversion.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-513 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 513 - Cure by lessor of improper tender or delivery -- Replacement.

70A-2a-513. Cure by lessor of improper tender or delivery -- Replacement.    (1) If any tender or delivery by the lessor or the supplier is rejected because it is nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.     (2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-514 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 514 - Waiver of lessee's objections.

70A-2a-514. Waiver of lessee's objections.    (1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:   (a) if, stated seasonably, the lessor or the supplier could have cured it as provided in Section 70A-2a-513; or     (b) between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.       (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.    Amended by Chapter 42, 2006 General Session
UT Code § 70A-2a-515 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 515 - Acceptance of goods.

70A-2a-515. Acceptance of goods.    (1) Acceptance of goods occurs after:   (a) the lessee has had a reasonable opportunity to inspect the goods and the lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or     (b) the lessee fails to make an effective rejection of the goods as provided in Subsection 70A-2a-509(2).       (2) Acceptance of a part of any commercial unit is acceptance of that entire unit.    Enacted by Chapter 197, 1990 General Session
UT Code § 70A-2a-517 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 517 - Revocation of acceptance of goods.

70A-2a-517. Revocation of acceptance of goods.    (1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:   (a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or     (b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.       (2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.     (3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.     (4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.     (5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.    Amended by Chapter 237, 1993 General Session
UT Code § 70A-2a-518 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 2a - Uniform Commercial Code - Leases|Part 5 - Default, Statute of Limitations, Acceptance of Goods, Lessor Rights|Section 518 - Cover -- Substitute goods.

70A-2a-518. Cover -- Substitute goods.    (1) After default by a lessor under the lease contract of the type described in Section 70A-2a-508, or if agreed after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.     (2) Except as otherwise provided with respect to damages liquidated in the lease agreement as provided in Section 70A-2a-504 or otherwise determined pursuant to agreement of the parties as provided in Sections 70A-1a-302 and 70A-2a-503, if a lessee's cover is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages:   (a) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term that is comparable to the then remaining term of the original lease agreement, minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement; and     (b) any incidental or consequential damages less expenses saved in consequence of the lessor's default.       (3) If a lessee's cover is by lease agreement that qualifies for treatment under Subsection (2), the lessee may elect to proceed under Subsection (2) or Section 70A-2a-519. If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under Subsection (2), or is by purchase or otherwise, the lessee may recover from the lessor under Section 70A-2a-519 as if the lessee had elected not to cover.    Amended by Chapter 272, 2007 General Session