reglab/housing_qa huggingface dataset:
MS Code § 75-2A-511 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-511. Merchant lessee's duties as to rightfully rejected goods

  Subject to any security interest of a lessee (Section 75-2A-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.   If a merchant lessee (subsection (1)) or any other lessee (Section 75-2A-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 ten percent (10%) of the gross proceeds.   In complying with this section or Section 75-2A-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.   A purchaser who purchases in good faith from a lessee pursuant to this section or Section 75-2A-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.
MS Code § 75-2A-512 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-512. Lessee's duties as to rightfully rejected goods

  Except as otherwise provided with respect to goods that threaten to decline in value speedily (Section 75-2A-511) and subject to any security interest of a lessee (Section 75-2A-508(5)):   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;   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 75-2A-511; but   The lessee has no further obligations with regard to goods rightfully rejected.     Action by the lessee pursuant to subsection (1) is not acceptance or conversion.
MS Code § 75-2A-513 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-513. Cure by lessor of improper tender or delivery; replacement

  If any tender or delivery by the lessor or the supplier is rejected because 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.   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.
MS Code § 75-2A-514 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-514. Waiver of lessee's objections

  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:   If, stated seasonably, the lessor or the supplier could have cured it (Section 75-2A-513); or   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.     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.
MS Code § 75-2A-515 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-515. Acceptance of goods

  Acceptance of goods occurs after 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   The lessee fails to make an effective rejection of the goods (Section 75-2A-509 (2)).     Acceptance of a part of any commercial unit is acceptance of that entire unit.
MS Code § 75-2A-516 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-516. Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over

  A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.   A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.   If a tender has been accepted:   Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;   Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (Section 75-2A-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and   The burden is on the lessee to establish any default.     If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:   The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two (2) litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.   The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (Section 75-2A-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.     Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (Section 75-2A-211).
MS Code § 75-2A-517 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-517. Revocation of acceptance of goods

  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:   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   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.     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.   If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.   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.   A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
MS Code § 75-2A-518 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-518. Cover; substitute goods

  After a default by a lessor under the lease contract of the type described in Section 75-2A-508(1), 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.   Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 75-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 75-1-302 and 75-2A-503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) 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 which 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 (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor's default.   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 as if the lessee had elected not to cover and Section 75-2A-519 governs.
MS Code § 75-2A-519 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-519. Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods

  Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 75-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 75-1-302 and 75-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Section 75-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.   Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.   Except as otherwise agreed, if the lessee has accepted goods and given notification (Section 75-2A-516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.   Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
MS Code § 75-2A-520 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-520. Lessee's incidental and consequential damages

  Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.   Consequential damages resulting from a lessor's default include:   Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and   Injury to person or property proximately resulting from any breach of warranty.
MS Code § 75-2A-521 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-521. Lessee's right to specific performance or replevin

  Specific performance may be decreed if the goods are unique or in other proper circumstances.   A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.   A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
MS Code § 75-2A-522 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart B - Default by Lessor|§ 75-2A-522. Lessee's right to goods on lessor's insolvency

  Subject to subsection (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (Section 75-2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within ten (10) days after receipt of the first installment of rent and security.   A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
MS Code § 75-2A-523 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart C - Default by Lessee|§ 75-2A-523. Lessor's remedies

  If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, 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 (Section 75-2A-510), the lessee is in default under the lease contract and the lessor may:   Cancel the lease contract (Section 75-2A-505(1));   Proceed respecting goods not identified to the lease contract (Section 75-2A-524);   Withhold delivery of the goods and take possession of goods previously delivered (Section 75-2A-525);   Stop delivery of the goods by any bailee (Section 75-2A-526);   Dispose of the goods and recover damages (Section 75-2A-527), or retain the goods and recover damages (Section 75-2A-528), or in a proper case recover rent (Section 75-2A-529);   Exercise any other rights or pursue any other remedies provided in the lease contract.     If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.   If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:   If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2); or   If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).
MS Code § 75-2A-524 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart C - Default by Lessee|§ 75-2A-524. Lessor's right to identify goods to lease contract

  A lessor aggrieved under Section 75-2A-523(1) may:   Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and   Dispose of goods (Section 75-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.     If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
MS Code § 75-2A-525 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart C - Default by Lessee|§ 75-2A-525. Lessor's right to possession of goods

  If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.   After a default by the lessee under the lease contract of the type described in Section 75-2A-523(1) or 75-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (Section 75-2A-527).   The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
MS Code § 75-2A-526 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 2A - Uniform Commercial Code - Leases|Part 5 - . Default|Subpart C - Default by Lessee|§ 75-2A-526. Lessor's stoppage of delivery in transit or otherwise

  A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.   In pursuing its remedies under subsection (1), the lessor may stop delivery until   Receipt of the goods by the lessee;   Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee hold the goods for the lessee; or   Such an acknowledgement to the lessee by a carrier via reshipment or as a warehouse.       To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.   After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.   A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.