reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-718. - Liquidation or limitation of damages; deposits.

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.
(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes (a) a right to recover damages under the provisions of this article other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.
(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in section 42a-2-706 on resale by an aggrieved seller.
(1959, P.A. 133, S. 2-718.)
Cited. 153 C. 681; 202 C. 106; 203 C. 63; 215 C. 316.
Cited. 31 CA 455; 33 CA 575.
Cited. 37 CS 7.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-719. - Contractual modification or limitation of remedy.

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages, (a) the agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.
(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
(1959, P.A. 133, S. 2-719.)
Cited. 172 C. 112; 203 C. 342; 209 C. 163; 218 C. 297.
Cited. 29 CA 865; 33 CA 575; 40 CA 268.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
(1959, P.A. 133, S. 2-720.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-721. - Remedies for fraud.

Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
(1959, P.A. 133, S. 2-721.)
Intent is to make actions for fraud or misrepresentation presumptively inconsistent with postacceptance claims for breach of warranty. 244 C. 126; judgment reversed in part, see 310 C. 375.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-722. - Who can sue third parties for injury to goods.

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; (c) either party may with the consent of the other sue for the benefit of whom it may concern.
(1959, P.A. 133, S. 2-722.)
Plaintiff seller could bring claim against shipper where buyer defendant would not cooperate; seller upon recovery holds sum as fiduciary for buyer defendant; such claim does not act as waiver of plaintiff seller's present action for price due from defendant buyer for goods shipped FOB buyer's place of business. 5 Conn. Cir. Ct. 597.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-723. - Proof of market price; time and place.

(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price as provided in section 42a-2-708 or 42a-2-713 shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the time 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.
(1959, P.A. 133, S. 2-723.)
Cited. 171 C. 622.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-724. - Admissibility of market quotations.

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
(1959, P.A. 133, S. 2-724.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2 - Sales › Section 42a-2-725. - Statute of limitations in contracts for sale.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one 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 warranty 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 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 which have accrued before October 1, 1961.
(1959, P.A. 133, S. 2-725.)
Cited. 191 C. 150; 205 C. 219; 210 C. 734; 218 C. 297. Repair or replacement clause in purchase agreement does not toll running of statute of limitations. 244 C. 126.
Section is a statute of repose as it contains a fixed time limit of 4 years, after which one in default may not be sued for breach, but section is explicit that the limit is subject to tolling, and limit may be tolled by conduct of the parties. 141 CA 319.
Claim against manufacturer for injuries caused by defective skates held tort liability and not breach of warranty under section and therefore barred by statute of limitations. 27 CS 46. Not applicable to breach of contract to perform services. 37 CS 735.
Subsec. (1):
Where defendant restaurateur, sued by customer for breach of warranty in sale of unmerchantable clams, impleaded third party defendant as supplier, demurrer to third party complaint was sustained as statute of limitations barred action. 28 CS 385.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-104. - Transactions subject to other law.

(a) A transaction subject to this article is also subject to:
(1) Any certificate of title statute covering automobiles, trailers, mobile homes, boats, farm tractors or the like, including chapters 247, 282 and 283 and sections 21-67a and 49-5, except as to the rights of a lessee in the ordinary course of business under subsection (d) of section 42a-2A-404 and subsection (d) of section 42a-2A-405 whose rights arise before a certificate of title covering the goods is effective in the name of any other purchaser;
(2) Any applicable certificate of title statute of another jurisdiction;
(3) Any applicable law which establishes a different rule for consumer leases; and
(4) Any other law of this state to which the transaction is subject, such as laws dealing with:
(A) The sale or lease of agricultural products;
(B) The consignment or transfer by artists of works of art or fine prints;
(C) Distribution agreements, franchises and other relationships through which goods are leased;
(D) Liability for products which cause injury to person or property;
(E) The making and disclaimer of warranties;
(F) Dealers in particular products, such as automobiles, motorized wheelchairs, agricultural equipment and hearing aids; and
(G) Noncommercial motor vehicles leases subject to chapter 742a.
(b) If a law of this state applies to a transaction subject to this article, the following rules apply:
(1) A requirement that a term, waiver, notice or disclaimer be in a writing is satisfied by a record.
(2) A requirement that a writing or a term be signed is satisfied by an authentication.
(c) Except for the rights of a lessee in the ordinary course of business under subdivision (1) of subsection (a) of this section, in the event of a conflict between this article, other than section 42a-2A-105, 42a-2A-401 or 42a-2A-402, and a law referred to in subsection (a) of this section, the law referred to in subsection (a) of this section governs.
(d) Failure to comply with the laws referred to in subsection (a) of this section has only the effect specified therein.
(P.A. 02-131, S. 4.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-105. - Territorial application of article to goods covered by certificate of title.

(a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title law the goods are covered and the goods or the lessee or lessor.
(b) Goods become covered by a certificate of title when a valid application for the certificate of title and the application fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.
(c) Subject to subsection (d) of section 42a-2A-404 and subsection (d) of section 42a-2A-405, with respect to goods covered by a certificate of title under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with the certificate of title statute are governed by the local law of the jurisdiction whose certificate covers the goods from the time the goods become covered by the certificate until the goods cease to be covered by the certificate.
(P.A. 02-131, S. 5.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-106. - Limitation on power of parties to consumer lease to choose applicable law or judicial forum.

(a) A choice-of-law term in a consumer lease contract is not enforceable if the law chosen is that of a jurisdiction other than one in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used.
(b) The parties may choose an exclusive judicial forum. However, in a consumer lease, the law of the forum is governed by subsection (d) of section 51-345 and any choice of forum in a term of a consumer lease must comply with said section. A choice of forum in a term of an agreement is not exclusive unless the agreement expressly so provides.
(P.A. 02-131, S. 6.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-107. - Unconscionability.

(a) If a court as a matter of law finds a lease contract or any term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term or so limit the application of an unconscionable term as to avoid an unconscionable result.
(b) With respect to a consumer lease, if the court finds as a matter of law that a lease contract or a term of the contract was induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from the lease contract, the court may grant appropriate relief.
(c) If it is claimed or appears to the court that a lease contract or any term thereof, or any conduct that induced a lease contract or any term thereof or that occurred in the collection of a claim arising from the lease contract, may be unconscionable, the parties must be afforded a reasonable opportunity to present evidence as to the commercial setting, purpose and effect of the lease contract, term or conduct to aid the court in making the determination.
(d) In an action in which a lessee claims unconscionability with respect to a consumer lease, the following rules apply:
(1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the lessee.
(2) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsection (a) or (b) of this section is not controlling.
(P.A. 02-131, S. 7.)
History: (Revisor's note: In Subsec. (a), “that” was deleted editorially by the Revisors after “matter of law finds” for grammatical accuracy).
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-108. - Option to accelerate at will.

(a) A term in a lease agreement 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 “deems itself insecure”, or words of similar import, shall be construed to mean that the party shall have power to do so only if the party in good faith believes that the prospect of payment or performance is impaired.
(b) In a consumer lease, the burden of establishing good faith under subsection (a) of this section is on the party that exercised the power. In all other leases, the burden of establishing lack of good faith is on the party against which the power has been exercised.
(P.A. 02-131, S. 8.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-109. - Effect of agreement; questions determined by court.

(a) Unless a section in this article otherwise provides, the effect of any provision of this article may be varied by agreement.
(b) The presence of mandatory language, such as “must” or “shall”, or the absence of enabling language, such as “unless otherwise agreed”, does not by itself preclude the parties from varying by agreement a provision of this article.
(c) Whenever this article allocates a risk or imposes a burden as between the parties, they may agree to shift the allocation and apportion the risk or burden.
(P.A. 02-131, S. 9.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-201. - Formal requirements.

(a) Except as otherwise provided in this section, 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 one thousand dollars; or
(2) There is a record, authenticated by the party against which enforcement is sought or by such party's authorized agent as the record of such person, which is sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the duration of the lease.
(b) A record is not insufficient merely because it omits a term, including a quantity term, or incorrectly states a term agreed upon, but, if the record contains a quantity term, the contract is not enforceable beyond the quantity of goods shown in the record.
(c) Any description of the leased goods or of the duration of the lease is sufficient and satisfies subdivision (2) of subsection (a) of this section, whether or not it is specific, if it reasonably identifies what is described.
(d) An otherwise valid lease contract that does not satisfy the requirements of subsection (a) of this section is nevertheless enforceable:
(1) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale by the lessor to others in the ordinary course of 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 which enforcement is sought admits in the party's pleading, testimony in court or otherwise under oath that a lease contract was made, but the lease contract is not enforceable under this subdivision beyond the quantity of goods admitted; or
(3) With respect to goods that have been received and accepted by the lessee.
(e) The duration of a lease under a lease contract referred to in subsection (d) of this section is:
(1) If there is a record authenticated by the party against which enforcement is sought or by such party's authorized agent specifying the duration of the lease, the period so specified;
(2) If the party against which enforcement is sought admits in such party's pleading or testimony, or otherwise in court, the duration of the lease, the period so admitted; or
(3) A reasonable duration.
(f) An enforceable lease contract under this section is not unenforceable merely because it is not capable of being performed within one year or any other applicable period after its making.
(g) The affixing of a seal to a record evidencing a lease contract or offer does not make the record a sealed instrument. The law with respect to sealed instruments does not apply to the lease contract or offer.
(P.A. 02-131, S. 10.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-202. - Parol or extrinsic evidence.

(a) Terms on which the confirmatory records of the parties agree, or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to the included terms, may not be contradicted by evidence of any previous agreement or of a contemporaneous oral agreement. However, terms in such a record may be supplemented by evidence of:
(1) Consistent additional terms, unless the court finds that the record was intended as a complete and exclusive statement of the terms of the agreement; and
(2) Course of performance, course of dealing or usage of trade.
(b) Terms in a record may be explained by evidence of course of performance, course of dealing or usage of trade without a preliminary determination by the court that the language used is ambiguous. Terms in a record may also be explained from other sources as determined by the court under applicable law.
(P.A. 02-131, S. 11.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-203. - Formation in general.

(a) A lease contract may be made in any manner sufficient to show agreement, including by offer and acceptance, conduct of both parties which recognizes the existence of a lease contract or the interaction of electronic agents.
(b) If the parties so intend, an agreement sufficient to constitute a lease contract may be found even if the time of its making is undetermined, one or more terms are left open or to be agreed upon, the records of the parties do not otherwise establish a lease contract or one party reserves the right to modify terms.
(c) Even if one or more terms are left open or to be agreed upon, a lease contract does not fail for indefiniteness if the parties intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
(P.A. 02-131, S. 12.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-204. - Firm offers.

An offer by a merchant to enter into a lease contract made in an authenticated record that by its terms gives assurance that the offer will be held open is not revocable for lack of consideration during the time stated. If a time is not stated, the offer is irrevocable for a reasonable time not exceeding ninety days. A term of assurance in a record supplied by the offeree is ineffective unless the term is conspicuous.
(P.A. 02-131, S. 13.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-205. - Offer and acceptance.

(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 that is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
(P.A. 02-131, S. 14.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-206. - Electronic contracting; formation.

Except as otherwise provided in sections 42a-2A-207 to 42a-2A-210, inclusive, the following rules apply:
(1) A lease contract may be formed by the interaction of electronic agents. If the interaction resulting from the electronic agents' engaging in operations is sufficient to show an agreement under section 42a-2A-203 or 42a-2A-205, a lease contract is formed unless the operations resulted from fraud, electronic mistake or the like.
(2) A lease contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person. A lease contract is formed if the individual takes actions that the individual is free to refuse to take or makes a statement that the individual has reason to know will:
(A) Cause the electronic agent to complete the transaction or performance; or
(B) Indicate acceptance of an offer, regardless of other expressions or actions by the individual to which the electronic agent cannot react.
(3) In an interaction between individuals, if an offer evokes an electronic message in response, a lease contract is formed:
(A) If the offer is accepted under section 42a-2A-205, when the acceptance is received; or
(B) If the offer is accepted by an electronic performance, when the performance is received, unless the originating message required acceptance in a different manner.
(P.A. 02-131, S. 15.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-207. - Legal recognition of electronic records and authentications.

(a) A record or authentication may not be denied legal effect or enforceability solely because it is in electronic form.
(b) This article does not require that a record or authentication be generated, stored, sent, received or otherwise processed by electronic means or in electronic form.
(c) In any transaction, a person may establish reasonable requirements regarding the type of authentication or record acceptable to such person.
(P.A. 02-131, S. 16.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-208. - Attribution.

An electronic record is attributed to a person if it was the act of the person or such person's electronic agent, or if the person is otherwise bound by it under the law of agency. The party relying on attribution of an electronic record to another person has the burden of establishing attribution.
(P.A. 02-131, S. 17.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-209. - Contract formation; electronic record.

(a) Except as otherwise provided in subsection (b) of this section, an electronic record is effective when received, even if no other person is aware of its receipt.
(b) If an offer in an electronic message evokes an electronic message in response, a lease contract, if any, is formed as determined in section 42a-2A-206.
(c) Receipt of an electronic acknowledgment establishes that the message was received but does not establish by itself that the content sent corresponds to the content received.
(P.A. 02-131, S. 18.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-210. - Contract formation; electronic agents.

(a) A person that uses an electronic agent for authentication, agreement or performance is bound by the operations of the electronic agent even if no person was aware of or reviewed the electronic agent's actions or the results of the operations.
(b) Whether a lease contract is formed by the interaction of electronic agents or the interaction of an electronic agent and a person is determined by section 42a-2A-206.
(P.A. 02-131, S. 19.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-302. - Modification, rescission and waiver.

(a) An agreement made in good faith modifying a lease contract needs no consideration to be binding.
(b) An authenticated record containing a term that prohibits modification or rescission except by an authenticated record may not be otherwise modified or rescinded. Such a term in a form or record supplied by a merchant to a nonmerchant must be separately authenticated. A party whose language or conduct is inconsistent with the term is precluded from asserting the term if the assertion is unjust in view of a material change of position in reliance on the language or conduct.
(c) A condition in a lease contract may be waived by the party for whose benefit it was included. Language or conduct is relevant to show a waiver. A party that has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notice 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.
(P.A. 02-131, S. 21.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-303. - Lessee under finance lease as beneficiary of supply contract.

(a) The benefit of the supplier's promises to the lessor under a supply contract and of all warranties, whether express or implied, including those of any 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 supply contract and all defenses or claims arising therefrom.
(b) The extension of the benefit of a supplier's promises and of warranties to the lessee does not modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or impose any duty or liability under the supply contract on the lessee.
(c) A modification or rescission of a 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 assumes, in addition to the obligations of the lessor to the lessee under the lease contract, the 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 subsection (a) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from a contract between the lessee and the supplier or under other law.
(P.A. 02-131, S. 22.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-304. - Identification.

Identification of existing goods as goods to which a lease contract refers may be made at any time and in any manner expressly agreed to by the parties. In the absence of express agreement, identification occurs:
(1) If the contract is for the lease of already existing and designated goods, when the lease contract is made;
(2) If the contract is for the lease of future goods other than those described in subdivision (3) of this section, 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) If the lease contract is for a lease of unborn young of animals, when the young are conceived.
(P.A. 02-131, S. 23.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-305. - Insurance and proceeds.

(a) A lessee obtains an insurable interest in existing goods identified to the lease contract even if the goods are nonconforming and the lessee has an option to return or reject them.
(b) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor may substitute other goods for those identified until the lessee's default or insolvency or notice to the lessee that the identification is final.
(c) 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 affect any insurable interest recognized under any other 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 determine the beneficiary of the proceeds of the insurance.
(P.A. 02-131, S. 24.)
See Sec. 42-500 re insurance disclosures.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-306. - Risk of loss.

(a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(b) If under the lease contract risk of loss will pass to the lessee but the agreement does not specify when the risk passes, except as otherwise provided in subsection (c) of this section, risk of loss passes to the lessee, regardless of the conformity of the goods to the lease contract, as follows:
(1) Subject to this subsection, the risk of loss passes to a lessee upon receipt of the goods. If the lessee does not intend to take possession, risk of loss passes to the lessee when the lessee receives control of the goods.
(2) If the lease contract requires or authorizes a lessor to ship goods by carrier, the following rules apply:
(A) If the lease contract does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier.
(B) If the lease contract requires delivery at a particular destination and the goods arrive there in the possession of the carrier, the risk of loss passes to the lessee when the goods are so tendered as to enable the lessee to take delivery.
(3) If goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee to the lessee of the lessee's right to possession of the goods.
(c) A default under the lease contract by either party affects the risk of loss only in the following cases:
(1) If the lessee rightfully rejects the goods or justifiably revokes acceptance of the goods, the lessor has the risk of loss from the time that the rejection or revocation is effective.
(2) If the lessor has tendered nonconforming goods so that the lessee would have the right to reject the goods or revoke acceptance of the goods, the goods are damaged or lost before the lessee effectively rejects or revokes acceptance, and the risk of loss would have otherwise passed to the lessee under subsection (b) or (c) of this section, the lessor has the risk of loss to the extent the nonconformity of the goods caused the damage or loss.
(3) If conforming goods are identified to the lease contract when the lessee repudiates or is otherwise in breach and the risk of loss has not otherwise passed to the lessee, the lessee has the risk of loss for such goods for a commercially reasonable time after the breach or repudiation.
(P.A. 02-131, S. 25.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-307. - Casualty to identified goods.

If the lease contract requires for its performance goods identified when the lease contract is made and the goods suffer casualty without the fault of the lessee, the lessor or the supplier before delivery or if the goods suffer casualty before the risk of loss passes to the lessee under the lease agreement or section 42a-2A-306, the following rules apply:
(1) If the loss occurs before the goods are delivered to the lessee, the lessor or supplier shall seasonably notify the lessee of the nature and extent of the loss.
(2) If the loss is total, the lease contract is avoided.
(3) If the loss is partial or the goods no longer conform to the lease contract, the lessee may nevertheless demand inspection and may treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept or retain the goods with due allowance from the rent payable for the balance of the duration of the lease for the nonconformity but without further right against the lessor.
(P.A. 02-131, S. 26.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-308. - Termination; survival of obligations.

(a) Except as otherwise provided in subsection (b) of this section, on the termination of a lease contract, all obligations that are still executory on both sides are discharged.
(b) The following survive termination of a lease contract:
(1) A right based on a previous default or performance of the lease contract;
(2) A term limiting the scope, manner, method or location of the exercise of rights in the goods;
(3) An obligation of confidentiality, nondisclosure or noncompetition;
(4) A choice of law or forum;
(5) An obligation to return or dispose of goods or return any unearned part of the rent;
(6) An obligation to arbitrate or otherwise resolve disputes through alternative dispute resolution procedures;
(7) A term limiting the time for bringing an action or for providing notice;
(8) An indemnity term;
(9) A limitation of remedy or disclaimer of warranty;
(10) An obligation to provide an accounting and make any payment due under the accounting;
(11) Other rights, remedies or limitations stated in the agreement as surviving to the extent enforceable under applicable law; and
(12) Other rights, remedies or limitations if in the circumstances their survival is necessary to achieve the purposes of the parties.
(P.A. 02-131, S. 27.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-401. - Enforceability of lease contract.

Except as otherwise provided in this title, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors.
(P.A. 02-131, S. 28.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-402. - Title to and possession of goods.

Except as otherwise provided in this article, the application of this article is not affected by whether the lessor or a third party has title to the goods, by whether the lessor, the lessee, or a third party has possession of the goods or by any statute or rule of law that possession or the absence of possession is fraudulent.
(P.A. 02-131, S. 29.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-404. - Subsequent lease of goods by lessor.

(a) Subject to section 42a-2A-403, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest that the lessor had or had power to transfer and, except as otherwise provided in subsection (b) of this section and subsection (d) of section 42a-2A-720, takes subject to the existing lease contract.
(b) A lessor with voidable rights or voidable title acquired in a purchase of goods from a transferor has power to transfer a good leasehold interest to a good faith subsequent lessee for value. Under this subsection, voidable rights or voidable title is acquired when the goods have been delivered under a transaction of purchase even if:
(1) The transferor was deceived as to the identity of the lessor;
(2) The delivery was in exchange for a check later dishonored;
(3) It was agreed that the transaction was to be a cash sale; or
(4) The delivery was procured through fraud punishable under criminal law.
(c) A subsequent lessee in the ordinary course of business from a lessor that is a merchant dealing in goods of that kind to which the goods were entrusted by the existing lessee of such lessor before the interest of the subsequent lessee became enforceable against such lessor obtains, to the extent of the leasehold interest transferred, all rights to the goods of such lessor and the existing lessee, and takes free of the existing lease contract.
(d) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
(P.A. 02-131, S. 31.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-405. - Sale or sublease of goods by lessee.

(a) Subject to section 42a-2A-403, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer and, except as otherwise provided in subsection (b) of this section and in subsection (e) of section 42a-2A-727, takes subject to the existing lease contract.
(b) A lessee with a voidable leasehold interest acquired in a lease transaction from a lessor has power to transfer a good leasehold interest to a good faith subsequent lessee for value to which the goods have been delivered. Under this subsection, a voidable leasehold interest is acquired when the goods have been delivered under the lease contract even if:
(1) The lessor was deceived as to the identity of the lessee;
(2) The delivery was in exchange for a check later dishonored; or
(3) The delivery was procured through fraud punishable under criminal law.
(c) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee that is a merchant dealing in goods of that kind to which the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the rights of the lessor and lessee to the goods and takes free of the existing lease contract.
(d) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
(P.A. 02-131, S. 32.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-406. - Priority of certain liens arising by operation of law.

If a person in the ordinary course of the person's business furnishes services or materials with respect to goods subject to a lease contract, a lien upon such goods in the possession of such person given by statute or rule of law for such services or materials has priority over any interest of the lessor or lessee under the lease contract or this article, unless the lien is created by statute and the statute provides otherwise or the lien is created by rule of law and the rule of law provides otherwise.
(P.A. 02-131, S. 33.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-407. - Priority of liens arising by attachment or levy on goods.

(a) Except as otherwise provided in section 42a-2A-406, a creditor of a lessee takes subject to the lease contract.
(b) Except as otherwise provided in subsection (c) of this section and sections 42a-2A-406 and 42a-2A-408, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.
(c) Except as otherwise provided in sections 42a-9-317, 42a-9-321 and 42a-9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.
(P.A. 02-131, S. 34.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-408. - Special rights of creditors.

(a) Except as otherwise provided in subsections (b) and (c) of this section, the rights of creditors of the lessor with respect to goods identified to a lease contract and retained by the lessor are subject to the lessee's rights under section 42a-2A-708, subsection (d) of section 42a-2A-724 and section 42a-2A-737 if the lessee's rights vest before a creditor's claim in rem attaches to the goods.
(b) A creditor of a lessor may treat a lease or an identification of goods to a lease contract as void if, as against the creditor, a retention of possession or identification by the lessor is fraudulent under any law of the state in which the goods are situated. However, the retention of possession in good faith and current course of trade by a merchant lessor for a commercially reasonable time after a lease or identification is not fraudulent.
(c) Except as otherwise provided in subsection (a) of this section and sections 42a-2A-404 and 42a-2A-405, this article does not impair the rights of creditors of the lessor if identification to the lease contract or delivery is not made in current course of trade but is made in satisfaction of or as security for a preexisting claim for money, security or the like under circumstances that under any law of the state where the goods are situated, apart from this article, would constitute a fraudulent transfer or a voidable preference.
(d) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if, as against the creditor, a retention of possession by the seller is fraudulent under any law of the state where the goods are situated. However, it is not fraudulent for a seller to retain possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods if the buyer bought for value and in good faith.
(P.A. 02-131, S. 35.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-410. - Lessor's and lessee's rights when goods become accessions.

(a) In this section, “accessions” means goods that are installed in or affixed to other goods.
(b) Except as otherwise provided in subsection (c) of this section, the interest of a lessor or a lessee under a lease contract entered into before the goods become accessions is superior to all interests in the whole and valid against all persons subsequently acquiring interests in the whole, but is invalid against any person with an interest in the whole that has not in a record consented to the lease or disclaimed an interest in the goods as part of the whole.
(c) The interest of a lessor or a lessee under a lease contract described in subsection (b) of this section is subordinate to the interest of:
(1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
(2) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(d) If, under this section, a lessor or lessee holds an interest in accessions which has priority over the claims of all persons that have interests in the whole, the lessor or lessee on default, expiration, termination or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article, or if necessary to enforce other rights under this article, may remove the goods from the whole. However, the lessor or lessee shall reimburse any holder of an interest in the whole which is not the lessee and which has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the whole, caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove the goods until the party seeking removal gives adequate security for the performance of this obligation.
(P.A. 02-131, S. 37.)