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This entry was published on 2014-09-22
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Casualty to Identified Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 2
Section 2-A-221. Casualty to Identified Goods.

If a lease contract requires goods identified when the lease contract
is made, and the goods suffer casualty without fault of the lessee, the
lessor or the supplier before delivery, or the goods suffer casualty
before risk of loss passes to the lessee pursuant to the lease agreement
or Section 2-A-219, then:

(1) if the loss is total, the lease contract is avoided; and

(2) if the loss is partial or the goods have so deteriorated as to no
longer conform to the lease contract, the lessee may nevertheless demand
inspection and at his or her option either treat the lease contract as
avoided or, except in a finance lease that is not a consumer lease,
accept the goods with due allowance from the rent payable for the
balance of the lease term for the deterioration or the deficiency in
quantity but without further right against the lessor.