reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.511 - Merchant lessee's duties as to rightfully rejected goods.

411.511
Merchant lessee's duties as to rightfully rejected goods.
(1)
Subject to any security interest of a lessee, if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
(2)
If a merchant lessee disposes of goods under sub. (1) or any other lessee disposes of goods under s. 411.512 (1) (b), he or she is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to a commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.
(3)
In complying with this section or s. 411.512, the lessee is held only to good faith. Good faith conduct under this subsection is neither acceptance or conversion nor the basis of an action for damages.
(4)
A purchaser who purchases in good faith from a lessee under this section or s. 411.512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this chapter.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.512 - Lessee's duties as to rightfully rejected goods.

411.512
Lessee's duties as to rightfully rejected goods.
(1)
Except as otherwise provided with respect to goods that threaten to decline in value speedily and subject to any security interest of a lessee, all of the following apply:
(a)
The lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection.
(b)
If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement as provided in s. 411.511 (2).
(c)
Except as provided in pars. (a) and (b), the lessee has no further obligations with regard to goods rightfully rejected.
(2)
Action by the lessee under sub. (1) is not acceptance or conversion.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.513 - Cure by lessor of improper tender or delivery; replacement.

411.513
Cure by lessor of improper tender or delivery; replacement.
(1)
If any tender or delivery by the lessor or the supplier is rejected because the tender or delivery is nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.
(2)
If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he or she seasonably notifies the lessee.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.514 - Waiver of lessee's objections.

411.514
Waiver of lessee's objections.
(1)
In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default if any of the following circumstances exists:
(a)
The lessor or the supplier could have cured the defect if the defect had been seasonably stated.
(b)
Between merchants, the lessor or the supplier, after rejection, made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(2)
A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.
History:  1991 a. 148; 2009 a. 322.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.515 - Acceptance of goods.

411.515
Acceptance of goods.
(1)
Acceptance of goods occurs after the lessee has a reasonable opportunity to inspect the goods and any of the following occurs:
(a)
The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity.
(b)
The lessee fails to make an effective rejection of the goods.
(2)
Acceptance of a part of any commercial unit is acceptance of that entire unit.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.516 - Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.

411.516
Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.
(1)
A lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(2)
A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance may not be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance may not be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.
(3)
If a tender has been accepted all of the following apply:
(a)
Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified.
(b)
Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation.
(c)
The burden is on the lessee to establish any default.
(4)
If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over, all of the following apply:
(a)
The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the 2 litigations, then, unless the person notified after seasonable receipt of the notice does come in and defend, that person is so bound.
(b)
The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then, unless the lessee after seasonable receipt of the demand does turn over control, the lessee is so barred.
(5)
Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.517 - Revocation of acceptance of goods.

411.517
Revocation of acceptance of goods.
(1)
A lessee may revoke acceptance of a lot or commercial unit the nonconformity of which substantially impairs its value to the lessee if any of the following occurs:
(a)
Except in the case of a finance lease, the lessee accepted the lot or commercial unit on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured.
(b)
The lessee accepted the lot or commercial unit without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
(2)
Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.
(3)
If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
(4)
Revocation of acceptance shall occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in the condition of the goods that is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
(5)
A lessee who revokes under this section has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.518 - Cover; substitute goods.

411.518
Cover; substitute goods.
(1)
After a default by a lessor under the lease contract of the type described in s. 411.508 (1), or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
(2)
Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined pursuant to agreement of the parties, if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement and any incidental or consequential damages, less expenses saved in consequence of the lessor's default.
(3)
If a lessee's cover is by lease agreement that for any reason does not qualify under sub. (2), or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and s. 411.519 governs.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.519 - Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.

411.519
Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.
(1)
Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined pursuant to agreement of the parties, if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that does not qualify under s. 411.518 (2), or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(2)
Market rent is determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(3)
Except as otherwise agreed, if the lessee has accepted goods and given notification, the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(4)
Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.520 - Lessee's incidental and consequential damages.

411.520
Lessee's incidental and consequential damages.
(1)
Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
(2)
Consequential damages resulting from a lessor's default include all of the following:
(a)
Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise.
(b)
Injury to person or property proximately resulting from any breach of warranty.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.521 - Lessee's right to specific performance or replevin.

411.521
Lessee's right to specific performance or replevin.
(1)
Specific performance may be decreed if the goods are unique or may be decreed in other proper circumstances.
(2)
A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court considers just.
(3)
A lessee has a right of replevin, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.522 - Lessee's right to goods on lessor's insolvency.

411.522
Lessee's right to goods on lessor's insolvency.
(1)
Subject to sub. (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.
(2)
A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.523 - Lessor's remedies.

411.523
Lessor's remedies.
(1)
If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired, the lessee is in default under the lease contract and the lessor may do any of the following:
(a)
Cancel the lease contract.
(b)
Proceed respecting goods not identified to the lease contract.
(c)
Withhold delivery of the goods and take possession of goods previously delivered.
(d)
Stop delivery of the goods by any bailee.
(e)
Dispose of the goods and recover damages, or retain the goods and recover damages, or in a proper case recover rent.
(f)
Exercise any other rights or pursue any other remedies provided in the lease contract.
(2)
If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under sub. (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.
(3)
If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract the lessor may do any of the following:
(a)
If the default substantially impairs the value of the lease contract to the lessor, exercise the rights and pursue the remedies provided in sub. (1) or (2).
(b)
If the default does not substantially impair the value of the lease contract to the lessor, recover as provided in sub. (2).
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.524 - Lessor's right to identify goods to lease contract.

411.524
Lessor's right to identify goods to lease contract.
(1)
After default by the lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or, if agreed, after other default by the lessee, the lessor may do any of the following:
(a)
Identify to the lease contract conforming goods not already identified if, when the lessor learned of the default, they were in the lessor's or the supplier's possession or control.
(b)
Dispose of goods that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
(2)
If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may complete 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.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.525 - Lessor's right to possession of goods.

411.525
Lessor's right to possession of goods.
(1)
If a lessor discovers that the lessee is insolvent, the lessor may refuse to deliver the goods.
(2)
After a default by the lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place designated by the lessor that 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.
(3)
The lessor may proceed under sub. (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.526 - Lessor's stoppage of delivery in transit or otherwise.

411.526
Lessor's stoppage of delivery in transit or otherwise.
(1)
A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers that the lessee is insolvent and may stop delivery of carload, truckload, planeload or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(2)
In pursuing its remedies under sub. (1), the lessor may stop delivery until any of the following occurs:
(a)
Receipt of the goods by the lessee.
(b)
Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee.
(c)
Acknowledgment to the lessee by a carrier via reshipment or as a warehouse that the carrier holds the goods for the lessee.
(3)
(a)
To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(b)
After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c)
A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
History:  1991 a. 148; 2009 a. 322.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.527 - Lessor's rights to dispose of goods.

411.527
Lessor's rights to dispose of goods.
(1)
After a default by a lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or after the lessor refuses to deliver or takes possession of goods, or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance of the goods by lease, sale or otherwise.
(2)
Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined pursuant to 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 accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and any incidental damages allowed under s. 411.530, less expenses saved in consequence of the lessee's default.
(3)
If the lessor's disposition is by lease agreement that does not qualify under sub. (2), 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 s. 411.528 governs.
(4)
A subsequent buyer or lessee who 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 of any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.
(5)
The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who rightfully rejects or justifiably revokes acceptance shall account to the lessor for any excess over the amount of the lessee's security interest.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default.

411.528
Lessor's damages for nonacceptance, failure to pay, repudiation or other default.
(1)
Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined pursuant to agreement of the parties, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that does not qualify under s. 411.527 (2), or is by sale or otherwise, the lessor may recover from the lessee all of the following as damages for a default of the type described in s. 411.523 (1) or (3) (a), or, if agreed, for other default of the lessee:
(a)
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 that the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor.
(b)
The present value as of the date determined under par. (a) of the total rent for the then remaining lease term 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.
(c)
Any incidental damages allowed under s. 411.530, less expenses saved in consequence of the lessee's default.
(2)
If the measure of damages provided in sub. (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, that the lessor would have made from full performance by the lessee, together with any incidental damages allowed under s. 411.530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.529 - Lessor's action for the rent.

411.529
Lessor's action for the rent.
(1)
After default by the lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or, if agreed, after other default by the lessee, if the lessor complies with sub. (2), all of the following apply:
(a)
For goods accepted by the lessee and not repossessed by or tendered to the lessor and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee, the lessor may recover from the lessee as damages accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and any incidental damages allowed under s. 411.530, less expenses saved in consequence of the lessee's default.
(b)
For 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 that that effort will be unavailing, the lessor may recover from the lessee as damages accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and any incidental damages allowed under s. 411.530, less expenses saved in consequence of the lessee's default.
(2)
Except as provided in sub. (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.
(3)
The lessor may dispose of the goods at any time before collection of the judgment for damages obtained under sub. (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by s. 411.527 or 411.528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available under s. 411.527 or 411.528.
(4)
Payment of the judgment for damages obtained under sub. (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
(5)
After default by the lessee under the lease contract of the type described in s. 411.523 (1) or (3) (a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section shall nevertheless be awarded damages for nonacceptance under s. 411.527 or 411.528.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.530 - Lessor's incidental damages.

411.530
Lessor's incidental damages.
Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.531 - Standing to sue 3rd parties for injury to goods.

411.531
Standing to sue 3rd parties for injury to goods.
(1)
If a 3rd party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract, all of the following apply:
(a)
The lessor has a right of action against the 3rd party.
(b)
The lessee also has a right of action against the 3rd party if any of the following occurs:
1.
The lessee has a security interest in the goods.
2.
The lessee has an insurable interest in the goods.
3.
The lessee bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(2)
If at the time of the injury the party 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, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract.
(3)
Either party with the consent of the other may sue for the benefit of whom it may concern.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.532 - Lessor's rights to residual interest.

411.532
Lessor's rights to residual interest.
In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 411 - Uniform commercial code — leases. › 411.901 - Applicability; written agreement to modify.

411.901
Applicability; written agreement to modify.
(1)
This chapter applies to a lease contract that is entered into on or after July 1, 1992.
(2)
This chapter applies to a lease contract that is entered into before July 1, 1992, or to a modification, extension or renewal of such a lease contract, if the parties agree in writing that the lease contract shall be governed by this chapter.
History:  1991 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.101 - Short title.

421.101
Short title.
Chapters 421 to 427 shall be known and may be cited as the Wisconsin consumer act.
History:  1971 c. 239.
The Wisconsin Consumer Act: Territorial Considerations. Anzivino. 96 MLR (No. 3 2013).
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.102 - Purposes; rules of construction.

421.102
Purposes; rules of construction.
(1)
Chapters 421 to 427 shall be liberally construed and applied to promote their underlying purposes and policies.
(2)
The underlying purposes and policies of chs. 421 to 427 are:
(a)
To simplify, clarify and modernize the law governing consumer transactions;
(b)
To protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants;
(c)
To permit and encourage the development of fair and economically sound consumer practices in consumer transactions; and
(d)
To coordinate the regulation of consumer credit transactions with the policies of the federal consumer credit protection act.
(3)
A reference to a provision of chs. 421 to 427 includes reference to a related rule or order of the administrator adopted under chs. 421 to 427.
History:  1971 c. 239; 1979 c. 89.
Consumer act penalties are improper when the underlying contract is tainted with illegality. Shea v. Grafe, 88 Wis. 2d 538, 274 N.W.2d 670 (1979).
The consumer act may constitutionally regulate sales to residents by out-of-state mail order retailer. Aldens, Inc. v. LaFollette, 552 F.2d 745 (1977).
Wisconsin consumer act — a critical analysis. Heiser. 57 MLR 389.
Wisconsin consumer act — a freak out? Barrett & Jones. 57 MLR 483.
Protection for consumers against unfair and deceptive business. Jeffries. 57 MLR 559.
Wisconsin consumer credit laws before and after the consumer act. Crandall. 1973 WLR 334.
An Overview of The Wisconsin Consumer Act. Stute. WBB Feb. 1973.
Private enforcement of consumer laws in Wisconsin. Waxman. WBB May 1983.
Mandatory Arbitration of Consumer Rights Cases. Schneider & Quirk. Wis. Law. Sept. 2002.
Navigating Wisconsin's Consumer Protection System. Greene. Wis. Law. Sept. 2017.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.103 - Applicable law.

421.103
Applicable law.
(1)
Unless superseded by the particular provisions of chs. 421 to 427, chs. 401 to 411 and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement chs. 421 to 427.
(2)
Unless terms used in chs. 421 to 427 are defined by particular provisions of chs. 421 to 427, they shall have the meaning given them in chs. 401 to 411 and 429, if they are defined in chs. 401 to 411 and 429.
(3)
Unless superseded by the particular provisions of chs. 421 to 427 parties to a consumer transaction have all of the obligations, duties, rights and remedies provided in chs. 401 to 411 which apply to the transaction.
(4)
Chapters 421 to 427 shall not preempt the administration or enforcement of ch. 100. Conduct proscribed under s. 423.301, 426.108, 426.109 or 426.110 may also constitute violations of s. 100.18 or 100.20.
History:  1971 c. 239; 1979 c. 89, 177; 1991 a. 148, 304, 315; 1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.104 - Construction against implied repeal.

421.104
Construction against implied repeal.
Chapters 421 to 427 being a general act intended as a unified coverage of the subject matter of such chapters, no part of chs. 421 to 427 shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History:  1971 c. 239; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.106 - Settlement of claims; agreement to forego rights; waiver.

421.106
Settlement of claims; agreement to forego rights; waiver.
(1)
Except as otherwise provided in chs. 421 to 427, a customer may not waive or agree to forego rights or benefits under chs. 421 to 427.
(2)
A claim by a customer against a merchant for an excess charge, other violation of chs. 421 to 427 or civil penalty, or a claim against a customer for default or breach of a duty imposed by chs. 421 to 427, if disputed in good faith, may be settled by agreement.
(3)
A claim, whether or not disputed, against a customer may be settled for less value than the amount claimed.
(4)
A settlement in which the customer waives or agrees to forego rights or benefits under chs. 421 to 427 is invalid if the court as a matter of law finds the settlement to be unconscionable at the time it was made. In this regard the court may consider the competence of the customer as measured by his or her education, ability to speak and read the language of the contract, and his or her prior consumer experience; any deception or coercion practiced upon the customer; the nature and extent of the legal advice received by the customer; and the value of the consideration.
History:  1971 c. 239; 1979 c. 89.
The holding in Concepcion, 563 U.S. 333 (2011), is clear: the Federal Arbitration Act preempts any state law, including sub. (1) and s. 426.110 (1), that classifies an arbitration agreement as unconscionable, and therefore unenforceable, simply because the agreement prohibits an individual from proceeding as a member of a class. Accordingly, under Concepcion, the waiver of classwide proceedings in the borrower's arbitration agreement with the payday lender did not render the agreement substantively unconscionable. Cottonwood Financial, LTD v. Estes, 2012 WI App 12, 339 Wis. 2d 472, 810 N.W.2d 852, 09-0760.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.107 - Effect of chapters 421 to 427 on powers of organizations.

421.107
Effect of
chapters 421 to 427
on powers of organizations.
(1)
Except as specifically provided, chs. 421 to 427 prescribe maximum charges for all consumer credit transactions and displace existing limitations on the powers of creditors based on maximum charges.
(2)
Except as specifically provided, with respect to sellers of goods or services, lessors of goods, small loan companies, licensed lenders, consumer and sales finance companies and commercial banks and trust companies, chs. 421 to 427 displace existing limitations on their powers based solely on amount or duration of credit.
(3)
Except as provided in sub. (1), chs. 421 to 427 do not displace limitations on powers of credit unions, savings banks, savings and loan associations or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.
(4)
Except as provided in subs. (1) and (2), chs. 421 to 427 do not displace:
(a)
Limitations on powers of supervised financial organizations (s. 421.301 (43)), with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land or other similar restrictions designed to protect deposits; or
(b)
Limitations on powers an organization is authorized to exercise under the laws of this state or the United States.
History:  1971 c. 239; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.108 - Obligation of good faith.

421.108
Obligation of good faith.
Every agreement or duty within chs. 421 to 427 imposes an obligation of good faith in its performance or enforcement. “Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
History:  1971 c. 239; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.202 - Exclusions.

421.202
Exclusions.
Chapters 421 to 427 do not apply to any of the following:
(1)
Extensions of credit to organizations (s. 421.301 (28)).
(2)
Transactions in which all parties are organizations (s. 421.301 (28)).
(3)
Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185.
(4)
The ceilings on rates and charges of a licensed pawnbroker if these ceilings are established by statute or ordinance.
(5)
The sale of insurance by an insurer, except as otherwise provided in ch. 424.
(6)
Consumer credit transactions in which the amount financed exceeds $25,000, motor vehicle consumer leases in which the total lease obligation exceeds $25,000 or other consumer transactions in which the cash price exceeds $25,000.
(7)
Transactions secured by a first lien real estate mortgage or equivalent security interest.
(8)
Transactions in securities accounts or securities transactions by or with a broker-dealer, as defined in s. 551.102 (4), registered under ch. 551.
(9)
Leases of motor vehicles that are not motor vehicle consumer leases under s. 421.301 (25m).
(10)
Transactions that are primarily for an agricultural purpose, except that this subsection does not exclude transactions that are primarily for an agricultural purpose from ch. 427 and except that this subsection does not exclude credit transactions that are primarily for an agricultural purpose from s. 422.210.
History:  1971 c. 239; 1973 c. 18; 1975 c. 207; 1979 c. 89; 1995 a. 329; 1997 a. 302; 2005 a. 215; 2007 a. 196.
Consumer leases are subject to the exclusionary provision of sub. (6). “Amount financed" means the purchase price or cash price for property leased. American Industrial Leasing Co. v. Geiger, 118 Wis. 2d 140, 345 N.W.2d 527 (Ct. App. 1984).
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.203 - Partial exclusion for governmentally insured or guaranteed transactions.

421.203
Partial exclusion for governmentally insured or guaranteed transactions.
(1)
Consumer credit transactions, not governed by ch. 428, which are made, insured or guaranteed by the federal government or any agency thereof, or by any federal instrumentality chartered under the federal farm credit act of 1971 (P.L. 92-181; 85 stats. 583; 12 USC 2001 et seq.), or by the department of veterans affairs shall be subject to only those provisions set forth in sub. (2).
(2)
This chapter, ss. 422.203 (2), 422.305, 422.306, 422.404, 422.406 to 422.409, 422.411, 422.417 and 422.418, ch. 425 except ss. 425.103 to 425.105, and chs. 426 and 427.
History:  1973 c. 18; 1979 c. 10; 1997 a. 302; 2005 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 421 - Consumer transactions — general provisions and definitions. › 421.401 - Venue.

421.401
Venue.
(1)
The venue for a claim arising out of a consumer transaction or a consumer credit transaction is the county:
(a)
Where the customer resides or is personally served;
(b)
Where collateral securing a consumer credit transaction is located; or
(c)
Where the customer sought or acquired the property, services, money or credit which is the subject of the transaction or signed the document evidencing his or her obligation under the terms of the transaction.
(2)
When it appears from the return of service of the summons or otherwise that the county in which the action is pending under sub. (1) is not a proper place of trial for such action, unless the defendant appears and waives the improper venue, the court shall act as follows:
(a)
Except as provided in par. (b), if it appears that another county would be a proper place of trial, the court shall transfer the action to that county.
(b)
If the action arises out of a consumer credit transaction, the court shall dismiss the action for lack of jurisdiction.
(3)
If there are several defendants, and if venue is based on residence, venue may be in the county of residence of any of them.
History:  1983 a. 228; 1987 a. 208.
An improperly venued action arising from a consumer credit transaction “shall be dismissed for lack of jurisdiction" under sub. (2) (b). When the court fails to dismiss, the action is invalid. Kett v. Community Credit Plan, Inc., 228 Wis. 2d 1, 596 N.W.2d 786 (1999), 97-3620.
Although voluntarily dismissed, prosecution of improperly venued actions violated the consumer act, and the defendants were prevailing parties under s. 425.308 entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574.
Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in this section applies. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.
Sub. (2) (b) states that an improperly venued consumer credit action must be dismissed unless the defendant appears and waives the improper venue. Appearance in the action and pleading in the action are distinct requirements. Waiver under sub. (2) requires the intentional relinquishment of a known right. To establish a valid waiver, it must be proved that the defendant knew the place of proper venue and knew of the right to dismissal of the case when it was not properly venued. A plaintiff must prove that the rights to proper venue and dismissal of an improperly venued action were intentionally relinquished. Continued litigation of an action does not unambiguously demonstrate an intention to relinquish the right to proper venue. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.
2023 Wisconsin Statutes & Annotations › Chapter 422 - Consumer credit transactions. › 422.102 - Scope.

422.102
Scope.
This chapter applies to consumer credit transactions.
History:  1971 c. 239.
Creditor's Responsibilities and Duties Under The WCA. Holbrook & Bugge. WBB Feb. 1973.
Real Estate Implications of the WCA. Horton. WBB Feb. 1973.
The Effect of WCA on Farm Credit. Miller. WBB Apr. 1973.