reglab/housing_qa huggingface dataset:
MI Comp L § 440.2722 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2 - Sales (440.2101...440.2725)|174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)|Section 440.2722 - Right of Action Against Third Party for Injury to Goods.

440.2722 Right of action against third party for injury to goods. Sec. 2722.  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. History: 1962, Act 174, Eff. Jan. 1, 1964
MI Comp L § 440.2723 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2 - Sales (440.2101...440.2725)|174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)|Section 440.2723 - Evidence of Market Price; Time, Place, Surprise.

440.2723 Evidence of market price; time, place, surprise. Sec. 2723.  (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 2708 or section 2713) 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. History: 1962, Act 174, Eff. Jan. 1, 1964
MI Comp L § 440.2724 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2 - Sales (440.2101...440.2725)|174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)|Section 440.2724 - Evidence of Market Price; Market Quotations, Admissibility.

440.2724 Evidence of market price; market quotations, admissibility. Sec. 2724.  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. History: 1962, Act 174, Eff. Jan. 1, 1964
MI Comp L § 440.2725 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2 - Sales (440.2101...440.2725)|174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)|Section 440.2725 - Statute of Limitations in Contracts for Sale; Contractual Reduction.

440.2725 Statute of limitations in contracts for sale; contractual reduction. Sec. 2725.  (1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.  (2) 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 warrant 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.  (3) Where 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 breach such other action may be commenced after the expiration of the time limited and within 6 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 which have accrued before this act becomes effective. History: 1962, Act 174, Eff. Jan. 1, 1964
MI Comp L § 440.2801 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2801 - Short Title.

440.2801 Short title. Sec. 2A101.  This article shall be known and may be cited as the "uniform commercial code - leases". History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2802 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2802 - Applicability of Article.

440.2802 Applicability of article. Sec. 2A102.  This article applies to any transaction, regardless of form, that creates a lease. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2804 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2804 - Lease Requirements; Compliance With Applicable Statutes; Effect of Noncompliance With Applicable Statute.

440.2804 Lease requirements; compliance with applicable statutes; effect of noncompliance with applicable statute. Sec. 2A104.  (1) A lease, although subject to this article, is also subject to all of the following:  (a) A certificate of title statute of this state, including, but not limited to, part 803 (watercraft transfer and certificate of title) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.80301 to 324.80322 of the Michigan Compiled Laws; the mobile home commission act, Act No. 96 of the Public Acts of 1987, being sections 125.2301 to 125.2349 of the Michigan Compiled Laws; and chapter II of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.201 to 257.259 of the Michigan Compiled Laws.  (b) A certificate of title statute of another jurisdiction (section 2A105).  (c) The Michigan consumer protection act, Act No. 331 of the Public Acts of 1976, being sections 445.901 to 445.922 of the Michigan Compiled Laws.  (2) Except for sections 2A105, 2A304(3), and 2A305(3), in case of conflict between this article and a statute referred to in subsection (1), the statute controls.  (3) Failure to comply with any applicable statute has only the effect specified in the statute. History: Add. 1992, Act 101, Eff. Sept. 30, 1992 ;-- Am. 1996, Act 72, Imd. Eff. Feb. 26, 1996
MI Comp L § 440.2805 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2805 - Certificate of Title Statute; Compliance; Applicable Law.

440.2805 Certificate of title statute; compliance; applicable law. Sec. 2A105.  Subject to the provisions of sections 2A304(3) and 2A305(3), 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 of the jurisdiction issuing the certificate until the earlier of the following:  (a) Surrender of the certificate.  (b) Four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.  History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2806 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2806 - Choice of Law; Judicial Forum.

440.2806 Choice of law; judicial forum. Sec. 2A106.  (1) 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.  (2) 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2807 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2807 - Discharge of Claim or Right Without Consideration.

440.2807 Discharge of claim or right without consideration. Sec. 2A107.  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.  History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2808 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2808 - Unconscionable Contract, Clause, or Conduct.

440.2808 Unconscionable contract, clause, or conduct. Sec. 2A108.  (1) If a 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.  (2) With respect to a consumer lease, if a 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.  (3) Before making a finding of unconscionability under subsection (1) or (2), 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.   (4) In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply:  (a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.  (b) 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.  (c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.  History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2809 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2809 - Power to Accelerate Payment or Performance or Require Collateral; Good Faith.

440.2809 Power to accelerate payment or performance or require collateral; good faith. Sec. 2A109.  (1) A term providing that 1 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.  (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2810 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)|Section 440.2810 - Motor Vehicle or Trailer; Transaction Creating Sale or Security Interest.

440.2810 Motor vehicle or trailer; transaction creating sale or security interest. Sec. 2A110.  With respect to a motor vehicle or trailer, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2851 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2851 - Lease Contract; Enforcement by Action or Defense; Conditions; Sufficiency of Description or Writing; Determination of Term.

440.2851 Lease contract; enforcement by action or defense; conditions; sufficiency of description or writing; determination of term. Sec. 2A201.  (1) A lease contract is not enforceable by way of action or defense unless 1 of the following applies:  (a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000.00.  (b) 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.  (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.  (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.  (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable for any of the following:  (a) 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.  (b) 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.  (c) With respect to goods that have been received and accepted by the lessee.  (5) The lease term under a lease contract referred to in subsection (4) is determined as follows:  (a) Term specified 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.  (b) 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.  (c) A reasonable lease term. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2852 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2852 - Final Written Expression; Parol or Extrinsic Evidence.

440.2852 Final written expression; parol or extrinsic evidence. Sec. 2A202.  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 by any of the following:  (a) By course of dealing or usage of trade or by course of performance.  (b) 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2853 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2853 - Effect of Seal Affixed to Writing.

440.2853 Effect of seal affixed to writing. Sec. 2A203.  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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2854 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2854 - Lease Contract; Sufficiency to Show Agreement; Conduct; Open Terms.

440.2854 Lease contract; sufficiency to show agreement; conduct; open terms. Sec. 2A204.  (1) 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.  (2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.  (3) Although 1 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2855 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2855 - Firm Offer; Assurances to Hold Offer Open.

440.2855 Firm offer; assurances to hold offer open. Sec. 2A205.  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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2856 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2856 - Offer to Make Lease Contract; Manner of Acceptance; Lapse.

440.2856 Offer to make lease contract; manner of acceptance; lapse. Sec. 2A206.  (1) 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.   (2) 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992
MI Comp L § 440.2857 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2857 - Repealed. 2012, Act 86, Eff. July 1, 2013.

440.2857 Repealed. 2012, Act 86, Eff. July 1, 2013. Compiler's Notes: The repealed section pertained to course of performance and construction of terms.
MI Comp L § 440.2858 (2021)
2021 Michigan Compiled Laws|Chapter 440 - Uniform Commercial Code|Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)|Article 2A - Leases (440.2801...440.2982)|174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)|Section 440.2858 - Lease Agreement; Modification or Rescission; Waiver; Retraction.

440.2858 Lease agreement; modification or rescission; waiver; retraction. Sec. 2A208.  (1) An agreement modifying a lease contract needs no consideration to be binding.  (2) 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.  (3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.   (4) 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. History: Add. 1992, Act 101, Eff. Sept. 30, 1992