reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-501. - Definitions.

In this part:
(1) “Damage” means all loss resulting from a breach of warranty, including incidental and consequential damages.
(2) “Goods” includes a component incorporated into other goods.
(3) “Immediate lessee” means a lessee that has a contract with the lessor.
(4) “Remote lessee” means a lessee from a lessor other than the lessor or seller against which a claim under this part is asserted.
(5) “Representation” means a description of the goods, an affirmation of fact or promise about the quality or performance of the goods to be delivered, or a sample or model of the goods.
(P.A. 02-131, S. 39.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-502. - Warranty against interference and against infringement; lessee's obligation against infringement.

(a) Except in a finance lease, a lessor in a lease contract warrants that, except for claims by any person by way of infringement or the like, for the duration of the lease no person holds:
(1) A claim to or interest in the goods which will interfere with the lessee's enjoyment of the lessee's leasehold interest; or
(2) A colorable claim to or interest in the goods which will unreasonably expose the lessee to litigation.
(b) A finance lessor warrants that, except for claims by way of infringement or the like, for the duration of the lease no person holds:
(1) A claim or interest in the goods that arose from an act or omission of the lessor which will interfere with the lessee's enjoyment of the lessee's leasehold interest; or
(2) A colorable claim to or interest in the goods that arose from an act or omission of the lessor which will unreasonably expose the lessee to litigation.
(c) Except in a finance lease, a lessor that is a merchant regularly dealing in goods of the kind warrants that the goods will be delivered free of the rightful claim of a third party by way of infringement or the like. However, a lessee that furnishes specifications to the lessor holds the lessor harmless against any claim of infringement or the like that arises out of compliance with the specifications.
(d) A warranty under subsections (a) to (c), inclusive, of this section may be disclaimed or modified only by specific language or by circumstances that give the lessee reason to know that the lessor purports to transfer only such right as the lessor or a third party may have.
(P.A. 02-131, S. 40.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-503. - Express warranties to lessee.

(a) Any representation made by the lessor to the lessee, including a representation made in any medium of communication to the public, such as advertising, which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the representation or, with respect to a sample or model, that the whole of the goods will conform to the sample or model.
(b) To create an express warranty, it is not necessary that the lessor use formal words such as “warranty” or “guaranty” or have a specific intention to make a warranty. However, a representation merely of the value of the goods or an affirmation purporting to be merely the lessor's opinion or commendation of the goods does not create an express warranty under subsection (a) of this section.
(c) A representation, including a representation made in any medium of communication to the public, such as advertising, which was made to the lessee and which relates to the goods becomes part of the basis of the bargain unless:
(1) The lessee knew that the representation was not true;
(2) A reasonable person in the position of the lessee would not believe that the representation was part of the agreement; or
(3) In the case of a representation made in a medium for communication to the public, including advertising, the lessee did not know of the representation at the time of the agreement.
(d) A right of action for breach of warranty under this section accrues as provided under subsection (c) of section 42a-2A-715.
(P.A. 02-131, S. 41.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-504. - Implied warranty of merchantability.

(a) Except in a finance lease and subject to sections 42a-2A-506 and 42a-2A-507, a warranty that the goods are merchantable is implied in a contract for their lease if the lessor is a merchant with respect to goods of that kind.
(b) Goods, to be merchantable, must:
(1) Pass without objection in the trade under the contract description;
(2) In the case of fungible goods, be of fair, average quality within the description;
(3) Be fit for the ordinary purposes for which goods of that description are used;
(4) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
(5) Be adequately contained, packaged and labeled as the lease agreement or circumstances may require; and
(6) Conform to any representations made on the container or label.
(c) Subject to section 42a-2A-506, other implied warranties may arise from course of dealing or usage of trade.
(P.A. 02-131, S. 42.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-505. - Implied warranty of fitness for particular purpose.

Except in a finance lease and subject to section 42a-2A-506, if a lessor at the time of contracting has reason to know any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is an implied warranty that the goods are fit for such purpose.
(P.A. 02-131, S. 43.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-506. - Disclaimer or modification of warranty.

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. However, subject to section 42a-2A-202, words or conduct disclaiming or modifying an express warranty are ineffective to the extent that such construction is unreasonable.
(b) Subject to subsection (c) of this section, to disclaim or modify an implied warranty of merchantability or fitness, or any part of either implied warranty, the following rules apply:
(1) The language must be in a record and be conspicuous.
(2) In other than a consumer lease contract, the language is sufficient if:
(A) In the case of an implied warranty of merchantability, it mentions merchantability; and
(B) In the case of an implied warranty of fitness, the language states, for example, that “There are no warranties which extend beyond the description on the face hereof”.
(c) Unless the circumstances indicate otherwise, all implied warranties are disclaimed by expressions such as “as is” or “with all faults”, or similar language, or conduct that in common understanding makes it clear to the lessee that the lessor assumes no responsibility for the quality or fitness of the goods. In a consumer contract, the requirements of this subsection must be satisfied by conspicuous language in a record.
(d) An implied warranty may also be disclaimed or modified by course of performance, course of dealing or usage of trade.
(e) If a lessee before entering into the contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods or the sample or model, there is no implied warranty with regard to defects which a reasonable examination ought in the circumstances to have revealed to the lessee.
(f) Remedies for breach of warranty may be limited in accordance with this article with respect to liquidation or limitation of damages and contractual modification of remedy.
(g) Subsections (b) to (f), inclusive, of this section shall not apply to leases of new or used consumer goods, except for those goods clearly marked “irregular”, “factory seconds” or “damaged”. Any language, oral or written, used by a lessor or manufacturer of consumer goods that attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose, or to exclude or modify the consumer's remedies for breach of such warranties, shall be unenforceable.
(P.A. 02-131, S. 44.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-507. - Cumulation and conflict of warranties.

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative. However, if such construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining such intention, the following rules apply:
(1) Exact or technical specifications prevail over an inconsistent sample or model or general language of description.
(2) A sample from an existing bulk or a model prevails over inconsistent general language of description.
(3) Except in a consumer lease, an express warranty prevails over inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
(P.A. 02-131, S. 45.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-508. - Extension of express or implied warranty.

(a) In a consumer lease contract, a lessor's express or implied warranty made to an immediate consumer lessee extends to any member of the family or household or an invitee to the household of the immediate consumer lessee or a transferee from the immediate consumer lessee who may reasonably be expected to use or be affected by the goods and who suffers damage other than injury to the person resulting from a breach of warranty. The lessor may not disclaim, modify or limit damages arising under this section.
(b) A lessor's warranty, whether express or implied, extends to any individual who may reasonably be expected to use, consume or be affected by the goods and who is injured in person by breach of the warranty. A lessor may not disclaim or limit the operation of this subsection.
(c) Nothing in this article diminishes the rights and remedies of any third party beneficiary or assignee under the law of contracts or of persons to which goods are transferred by operation of law or displaces any other law that extends a warranty to or for the benefit of any other person.
(d) The scope of any warranty extended under this section to other than the immediate lessee and the remedies for breach of such warranty may be limited by the enforceable terms of the contract between the lessor and the immediate lessee. To the extent not limited:
(1) The scope of the warranty is determined by sections 42a-2A-402, 42a-2A-403, 42a-2A-404 and 42a-2A-405; and
(2) The remedies for breach of warranty for other than the immediate lessee are determined by the terms of the contract between the lessor and the lessee and by this article.
(e) A right of action for breach of warranty under this section accrues under section 42a-2A-705.
(P.A. 02-131, S. 46.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-601. - Right to adequate assurance of performance.

(a) A lease contract imposes an obligation on each party not to impair the other's expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the other party may demand in a record adequate assurance of due performance and, until that assurance is received, if commercially reasonable, may suspend any performance for which the agreed return has not already been received.
(b) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards.
(c) Acceptance of improper delivery or payment does not prejudice an aggrieved party's right to demand adequate assurance of future performance.
(d) After receipt of a demand under subsection (a) of this section, failure to provide within a reasonable time, not exceeding thirty days, assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract under section 42a-2A-602.
(P.A. 02-131, S. 47.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-602. - Anticipatory repudiation.

(a) If either party to a lease contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
(1) Await performance by the repudiating party for a commercially reasonable time, or resort to any remedy for default, even if the aggrieved party has urged the repudiating party to retract the repudiation or has notified the repudiating party that the aggrieved party would await the agreed performance; and
(2) In either case, suspend the aggrieved party's own performance or, if a lessor, proceed in accordance with section 42a-2A-718.
(b) Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.
(P.A. 02-131, S. 48.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-603. - Retraction of anticipatory repudiation.

(a) A repudiating party may retract a repudiation until the repudiating party's next performance is due unless the aggrieved party, after the repudiation, has canceled the lease contract, materially changed the aggrieved party's position or otherwise indicated that the repudiation is considered to be final.
(b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform the contract. However, a retraction must include any assurance justifiably demanded under section 42a-2A-601.
(c) Retraction reinstates a repudiating party's rights under the lease contract with due excuse and allowance to the aggrieved party for any delay caused by the repudiation.
(P.A. 02-131, S. 49.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-604. - Substituted performance.

(a) If, without the fault of the lessee, lessor or supplier, agreed berthing, loading or unloading facilities or an agreed type of carrier becomes unavailable, or an agreed manner of delivery otherwise becomes commercially impracticable, a party may claim excuse under section 42a-2A-605 unless a commercially reasonable substitute is available. In such case, reasonable substitute performance must be tendered and accepted.
(b) If an agreed means or manner of payment fails because of domestic or foreign governmental statute, regulation or order, the lessor may withhold or stop delivery, or cause the supplier to withhold or stop delivery, until the lessee provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been made, payment by the means or in the manner provided by such statute, regulation or order discharges the lessee's obligation unless such statute, regulation or order is discriminatory, oppressive or predatory.
(P.A. 02-131, S. 50.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-605. - Excuse by failure of presupposed conditions.

(a) Subject to section 42a-2A-604 and subsection (b) of this section, delay in performance or nonperformance by the lessor or supplier is not a default under the lease contract if performance as agreed has been made impracticable by:
(1) The occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made; or
(2) Compliance in good faith with any applicable foreign or domestic governmental statute, regulation or order, whether or not such statute, regulation or order later proves to be invalid.
(b) A party claiming excuse under subsection (a) of this section shall seasonably notify the other party that there will be delay or nonperformance. If a finance lessor claims excuse under subsection (a) of this section, the finance lessor shall seasonably notify both the lessor and the lessee that there will be delay or nonperformance. If the claimed excuse affects only a part of the lessor's or supplier's capacity to perform, the lessor or supplier shall also allocate production and deliveries among its customers in a manner that is fair and reasonable and notify the lessee of the estimated quota made available. In allocating production and deliveries, the lessor or supplier may include regular customers not then under contract as well as its own requirements for further manufacture.
(P.A. 02-131, S. 51.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-606. - Procedure on notice claiming excuse.

(a) A party that receives notice of a material or indefinite delay in performance or an allocation permitted under section 42a-2A-307 or 42a-2A-605 as to any delivery concerned, or of a breach of the whole lease contract under subsection (c) of section 42a-2A-726, by notice in a record may:
(1) Terminate and thereby discharge any unexecuted portion of the lease contract; or
(2) Except in a finance lease that is not a consumer lease, modify the lease contract by agreeing to take the available allocation in substitution under section 42a-2A-605 or by accepting the goods with due allowance from the rent payable for the balance of the lease period for the deficiency as provided in section 42a-2A-604.
(b) If, after receipt of a notice under section 42a-2A-604 or 42a-2A-605, a party does not terminate or modify the lease contract within a reasonable time, not exceeding thirty days, the lease contract is terminated with respect to any performance affected.
(c) This section may be varied by agreement only to the extent that the parties have assumed a different obligation under sections 42a-2A-604 and 42a-2A-605.
(P.A. 02-131, S. 52.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-607. - Irrevocable promises: Finance leases.

(a) In a finance lease that is not a consumer lease, the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.
(b) A promise that has become irrevocable and independent under subsection (a) of this section:
(1) Is effective and enforceable between the parties and by or against third parties including assignees of the parties; and
(2) Is not subject to cancellation, termination, modification, repudiation, excuse or substitution without the consent of the party to which the promise runs.
(c) This section does not affect the validity under any other law of a covenant in any lease agreement making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
(P.A. 02-131, S. 53.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-701. - Subject to general limitations.

The remedies of the lessee, lessor and other protected persons under this article are subject to the general limitations and principles stated in sections 42a-2A-702 to 42a-2A-715, inclusive.
(P.A. 02-131, S. 54.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-703. - Notice after default.

Except as otherwise provided in this article or the lease agreement, a lessor or lessee in default under a lease contract is not entitled to notice of default or notice of enforcement from the other party.
(P.A. 02-131, S. 56.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-704. - Remedies in general.

(a) In accordance with section 42a-1-305, the remedies provided in this article must be liberally administered with the purpose of placing the aggrieved party in as good a position as if the other party had fully performed.
(b) Unless the lease contract provides for liquidated damages enforceable under section 42a-2A-710 or a limited remedy enforceable under section 42a-2A-711, an aggrieved party may not recover that part of a loss resulting from a default that could have been avoided by reasonable measures under the circumstances. The burden of establishing that reasonable measures under the circumstances were not taken is on the defaulting party.
(c) The rights and remedies provided in this article are cumulative, but a party may not recover more than once for the same injury.
(d) This article does not impair a remedy for breach of an obligation or promise collateral or ancillary to a lease contract.
(P.A. 02-131, S. 57; P.A. 05-109, S. 27.)
History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-106 with reference to Sec. 42a-1-305 to conform to revisions made to article 1 by the same act.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-705. - Measurement of damages in general.

If a default occurs, the aggrieved party may recover compensation for the loss resulting in the ordinary course from the default as determined under sections 42a-2A-716 to 42a-2A-737, inclusive, or as determined in any reasonable manner, together with incidental damages and consequential damages, less expenses and costs saved as a result of the default.
(P.A. 02-131, S. 58.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-706. - Incidental damages.

Incidental damages resulting from a default under a lease contract include compensation for any commercially reasonable charges, expenses or commissions with respect to:
(1) Inspection, receipt, transportation, care or custody of identified goods which are the subject of the default;
(2) Stopping delivery or shipment;
(3) Effecting cover, return or disposition of the goods;
(4) Reasonable efforts otherwise to minimize or avoid the consequences of default; and
(5) Effectuating other remedies after the default or otherwise dealing with the goods.
(P.A. 02-131, S. 59.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-707. - Consequential damages.

Consequential damages resulting from a default include compensation for:
(1) Any loss resulting from the aggrieved party's general or particular requirements and needs of which the defaulting party at the time of contracting had reason to know and which could not reasonably be prevented; and
(2) Injury to person or property proximately resulting from any breach of warranty.
(P.A. 02-131, S. 60.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-708. - Specific performance.

(a) The court may enter a decree for specific performance if the goods or the agreed performance of the defaulting party are unique or in other proper circumstances. In a lease other than a consumer lease, the court may enter a decree for specific performance if the parties have agreed to such remedy. However, even if the parties agree to specific performance, the court may not enter a decree for specific performance if the breaching party's sole remaining contractual obligation is the payment of money.
(b) The decree for specific performance may include terms and conditions as to payment of the rent, damages or other relief the court considers just.
(P.A. 02-131, S. 61.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-709. - Cancellation; effect.

(a) An aggrieved party may cancel a lease contract if the conditions of section 42a-2A-716 or 42a-2A-724 are satisfied or the agreement so provides, unless there is a waiver of the default or the right to cancel under section 42a-2A-302 or there is a right to cure the default under section 42a-2A-729.
(b) Upon cancellation, the lessee is subject to the same obligations and duties with respect to goods in the lessee's possession or control as the lessee would be if the lessee had rejected a nonconforming tender and remained in control of the goods of the lessor or if the lease contract had terminated according to its own terms.
(c) Except as otherwise provided in subsection (e) of this section, upon cancellation, all obligations that are still executory on both sides are discharged.
(d) The obligations surviving cancellation include:
(1) A right based on previous default or performance of the lease contract;
(2) Any term limiting disclosure of information;
(3) An obligation to return or dispose of goods;
(4) A term establishing a choice of law or forum;
(5) A term creating an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;
(6) A term limiting the time for commencing an action or for providing notice;
(7) A remedy for breach of the whole lease contract or any unperformed balance;
(8) Any other right, remedy or obligation stated in the agreement as surviving cancellation to the extent enforceable under law other than this article; and
(9) Other rights, remedies or limitations if under the circumstances their survival is necessary to achieve the purposes of the parties.
(e) Unless a contrary intention clearly appears, language of cancellation, rescission or avoidance of the lease contract, or similar language, is not a renunciation or discharge of any claim in damages for an antecedent default.
(P.A. 02-131, S. 62.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-710. - Liquidation of damages; deposits.

(a) Damages for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to the lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of either the actual loss or the then anticipated loss caused by the default or other act or omission. If a term fixing liquidated damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this article. A term that does not liquidate damages but attempts to limit damages available to the aggrieved party must be evaluated under section 42a-2A-712.
(b) If the lessor justifiably withholds delivery of goods or stops performance because of the lessee's default or insolvency, the lessee is entitled to restitution of the amount by which the sum of payments exceeds the amount to which the lessor is entitled under a term fixing liquidated damages in accordance with subsection (a) of this section, except that, in the case of a consumer lease, the lessor is entitled to the lesser of such restitution amount or five hundred dollars.
(c) The lessee's right to restitution under subsection (b) of this section is subject to setoff to the extent that the lessor establishes a right to recover damages under the provisions of this article other than subsection (a) of this section and to the extent of the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
(P.A. 02-131, S. 63.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-711. - Contractual modification of remedy.

(a) Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may, except in a consumer lease, limit or alter the measure of damages recoverable under this article.
(b) Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedies may be pursued as provided in this article.
(c) Consequential damages may be liquidated under section 42a-2A-710, or may otherwise be limited, altered or excluded unless the limitation, alteration or exclusion is unconscionable. Limitation, alteration or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(d) This article does not impair rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract.
(P.A. 02-131, S. 64.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-712. - Remedies for misrepresentation or fraud.

Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent default. Rescission or a claim for rescission of a lease contract or rejection or return of the goods does not bar and is not inconsistent with a claim for damages or other remedy.
(P.A. 02-131, S. 65.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-713. - Proof of market rent.

(a) Damages based on market rent are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining period of the original lease agreement and prevailing at the times specified in sections 42a-2A-721 and 42a-2A-735.
(b) If evidence of rent for the use of the goods concerned for a period identical to the remaining period of the original lease agreement and prevailing at the times or places described in this article is not readily available, the following rules apply:
(1) The rent prevailing within any reasonable time before or after the time described may be used.
(2) The rent prevailing at any other place or for a different lease period which in commercial judgment or usage of trade is a reasonable substitute may be used, making proper allowance for the difference, including the cost of transporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at another time or place or for a lease period other than the period described in this section offered by one party is not admissible unless the party has given the other party notice that the court finds sufficient to prevent unfair surprise.
(c) If the prevailing rent or value of goods regularly leased in any established market is in dispute, reports in official publications or trade journals or in newspapers, periodicals or other means of communication in general circulation and published as the reports of such market, are admissible in evidence. The circumstances of the preparation of such a report may affect the weight of the evidence but not its admissibility.
(P.A. 02-131, S. 66.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-714. - Liability of third parties for injury to goods.

(a) If a third party deals with goods identified to a lease contract and causes actionable injury to the goods, the lessor has a right of action against the third party, and the lessee has a right of action against the third party, if the lessee:
(1) Has a security interest in the goods;
(2) Has an insurable interest in the goods; or
(3) Bears the risk of loss under the lease contract or has, since the injury, assumed such risk as against the lessor and the goods have been converted or destroyed.
(b) If, at the time of the injury, the plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, any recovery or settlement is subject to the plaintiff's interest as fiduciary for the other party to the lease contract.
(c) Either party with the consent of the other may maintain an action for the benefit of a concerned party.
(P.A. 02-131, S. 67.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-715. - Statute of limitations.

(a) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the right of action has accrued. Except in a consumer lease or an action for indemnity, the original lease agreement may reduce the period of limitations to not less than one year.
(b) Except as otherwise provided in subsection (c) of this section, a right of action accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party. A right of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party.
(c) If an action commenced within the applicable period of limitation is terminated but a remedy by another action for the same default or breach of warranty or indemnity is available, the other action may be commenced after the expiration of the time limitation and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure to prosecute.
(d) This section does not alter the law on tolling of the statute of limitations and does not apply to a right of action that accrued before October 1, 2002.
(P.A. 02-131, S. 68.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-716. - Lessor's remedies in general.

(a) If the 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, the lessee is in default under the lease contract 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, and the lessor may do one or more of the following:
(1) Withhold delivery of the goods and take possession of goods previously delivered;
(2) Stop delivery of the goods by any carrier or bailee under subsection (b) of section 42a-2A-719;
(3) Proceed under section 42a-2A-718 with respect to goods still unidentified to the lease contract or unfinished;
(4) Obtain specific performance under section 42a-2A-708 or recover the rent under section 42a-2A-722;
(5) Dispose of the goods and recover damages under section 42a-2A-720 or retain the goods and recover damages under section 42a-2A-721;
(6) Recover incidental and consequential damages under sections 42a-2A-706 and 42a-2A-707;
(7) Cancel the lease contract under section 42a-2A-709;
(8) Recover liquidated damages under section 42a-2A-710;
(9) Enforce limited remedies under section 42a-2A-711;
(10) Recover damages under section 42a-2A-705; or
(11) Exercise any other rights or pursue any other remedies provided in the lease agreement.
(b) If the lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (a) of this section, 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 avoided as a result of the lessee's default.
(c) If the lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease agreement, which may include a right to cancel the lease. In addition, except as otherwise provided in the lease agreement:
(1) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies under subsection (a) or (b) of this section; or
(2) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover under subsection (b) of this section.
(P.A. 02-131, S. 69.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-717. - Lessor's right to possession of goods.

(a) Upon a default by the lessee under a lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716 or, if agreed, upon other default by the lessee, the lessor may take possession of the goods. If the lease agreement 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.
(b) A lessor may proceed under subsection (a) of this section without judicial process if it can be done without breach of the peace, or the lessor may proceed by judicial process.
(P.A. 02-131, S. 70.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-718. - Lessor's right to identify goods to lease contract despite default or to salvage unfinished goods.

(a) Upon default by the lessee under the lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716 or, if agreed, after other default by the lessee, the lessor may:
(1) Identify to the lease contract conforming goods not already identified if they are in the lessor's or supplier's possession or control at the time the lessor learned of the default; and
(2) Dispose of goods that are shown to have been intended for the particular lease contract even if such goods are unfinished.
(b) If goods are unfinished at the time of default, an aggrieved lessor or the supplier, in the exercise of reasonable commercial judgment for the purposes of minimizing loss and of effective realization, may complete the manufacture and wholly identify the goods to the lease contract, cease manufacture and lease, sell or otherwise dispose of the goods for scrap or salvage value, or proceed in any other reasonable manner.
(P.A. 02-131, S. 71.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-719. - Lessor's refusal to deliver because of lessee's insolvency; stoppage in transit or otherwise.

(a) A lessor that discovers that the lessee is insolvent may refuse to deliver the goods.
(b) Subject to subsection (d) of this section, the lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessee is insolvent or repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract or if, for any other reason, the lessor has a right to withhold or reclaim the goods.
(c) As against a lessee under subsection (b) of this section, the lessor may stop delivery until:
(1) Receipt of the goods by the lessee;
(2) Acknowledgment to the lessee by any bailee of the goods, other than a carrier, or a carrier by reshipment or as a warehouse, that the bailee holds the goods for the lessee; or
(3) Acknowledgment to the lessee by a carrier by reshipment or as a warehouse that the carrier holds the goods for the lessee.
(d) If notice to stop delivery has been given, the following rules apply:
(1) The notice must afford the carrier or bailee a reasonable opportunity to prevent delivery of the goods.
(2) After notice, the carrier or bailee shall hold and deliver the goods according to the directions of the lessor. The lessor is liable to the bailee or carrier for any resulting charges or damages. A carrier or bailee need not stop delivery if the lessor does not provide indemnity for charges or damages upon the carrier's or bailee's demand.
(3) A carrier or bailee that has issued a nonnegotiable document need not obey a notice to stop received from a person other than the person named in the document as the person from which the goods have been received for shipment or storage.
(P.A. 02-131, S. 72; P.A. 04-64, S. 56.)
History: P.A. 04-64 amended Subsec. (c)(2) and (3) by replacing “warehouseman” with “warehouse” to conform to revisions made to article 7 by the same act.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-720. - Lessor's rights to dispose of goods.

(a) Upon a default by a lessee under the lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716, or upon the lessor's refusal to deliver or taking possession of goods under section 42a-2A-717 or 42a-2A-719, or, if agreed, upon other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined by agreement of the parties, if the disposition is by 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 lessor may recover from the lessee as damages compensation for:
(1) Accrued and unpaid rent as of the date of the commencement of the period of the new lease agreement;
(2) The present value, as of the same date, of the total rent for the then remaining lease period of the original lease agreement, minus the present value, as of the same date, of the rent under the new lease agreement applicable to that part of the new lease period which is comparable to the then remaining period of the original lease agreement; and
(3) Any incidental damages allowed under section 42a-2A-706, less expenses avoided as a result of the lessee's default.
(c) If the lessor's disposition is by a lease agreement that for any reason does not qualify for treatment under subsection (b) of this section, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods, and section 42a-2A-721 governs.
(d) A person that subsequently buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even if the lessor fails to comply with one or more of the requirements of this article.
(e) A lessor is not accountable to the lessee for any profit made on any disposition. A lessee that has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest.
(P.A. 02-131, S. 73.)
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-721. - Lessor's damages for nonacceptance, failure to pay or repudiation.

(a) Except as otherwise provided with respect to damages liquidated in the lease agreement under section 42a-2A-710 or otherwise determined by agreement of the parties under sections 42a-1-302 and 42a-2A-711, if a lessor elects to retain the goods or elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under subsection (b) of section 42a-2A-720 or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716 or, if agreed, for other default of the lessee:
(1) Accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;
(2) The present value, as of the date determined under subdivision (1) of this subsection, of the total rent for the then remaining period of the original lease agreement, minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term; and
(3) Any incidental or consequential damages allowed under section 42a-2A-706 or 42a-2A-707, less expenses saved in consequence of the lessee's default.
(b) If the measure of damages provided in subsection (a) of this section or section 42a-2A-720 is inadequate under subsection (a) of section 42a-2A-704, a lessor may recover damages measured by other than the market price or the amount received on a disposition of the goods, together with incidental and consequential damages, including:
(1) The present value of lost profits, including reasonable overhead, resulting from the default of the lessee determined in any reasonable manner; and
(2) Reasonable expenditures made in preparing for or performing the contract.
(P.A. 02-131, S. 74; P.A. 05-109, S. 28.)
History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-102(3) with reference to Sec. 42a-1-302 to conform to revisions made to article 1 by the same act.
2023 Connecticut General Statutes › Title 42a - Uniform Commercial Code › Article 2A - Leases › Section 42a-2A-722. - Lessor's action for the rent.

(a) Upon a default by the lessee under the lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716 or, if agreed, upon another default by the lessee, if the lessor complies with subsection (c) of this section, the lessor may recover from the lessee the damages specified in subsection (b) of this section for:
(1) Goods accepted by the lessee and not repossessed by or tendered to the lessor;
(2) Goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate such effort will be unavailing; and
(3) Conforming goods lost or damaged after risk of loss passes to the lessee, but if the lessor has retained or regained control of the goods, the loss or damage must occur within a commercially reasonable time after the risk of loss has passed to the lessee.
(b) The damages available under the circumstances described in subsection (a) of this section are:
(1) Accrued and unpaid rent as of the date of entry of judgment in favor of the lessor;
(2) The present value as of the same date of the rent for the then remaining lease term of the lease agreement; and
(3) Any incidental or consequential damages allowed under section 42a-2A-706 or 42a-2A-707, less expenses avoided as a result of the lessee's default.
(c) Except as otherwise provided in subsection (d) of this section, a lessor shall hold for the lessee for the remaining period of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.
(d) A lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (a) of this section. If the disposition is before the end of the remaining period of the lease agreement, the lessor's recovery against the lessee for damages is governed by section 42a-2A-720 or 42a-2A-721, and the lessor shall provide an appropriate credit against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available under section 42a-2A-720 or 42a-2A-721.
(e) Payment of the judgment for damages obtained under subsection (a) of this section entitles the lessee to the use and possession of the goods not then disposed of for the remaining period of, and in accordance with, the lease agreement.
(f) Upon default by the lessee under the lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716 or, if agreed, upon other default by the lessee, a lessor that is not entitled to rent under this section is still entitled to damages for nonacceptance under section 42a-2A-720 or 42a-2A-721.
(P.A. 02-131, S. 75.)