Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2-A-505
Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 5
Section 2-A-505. Cancellation and Termination and Effect of

Cancellation, Termination, Rescission, or Fraud on

Rights and Remedies.

(1) On cancellation of the lease contract, all obligations that are
still executory on both sides are discharged, but any right based on
prior default or performance survives, and the cancelling party also
retains any remedy for default of the whole lease contract or any
unperformed balance.

(2) On termination of the lease contract, all obligations that are
still executory on both sides are discharged but any right based on
prior default or performance survives.

(3) Unless the contrary intention clearly appears, expressions of
"cancellation," "rescission," or the like of the lease contract may not
be construed as a renunciation or discharge of any claim in damages for
an antecedent default.

(4) Rights and remedies for material misrepresentation or fraud
include all rights and remedies available under this Article for
default.

(5) Neither rescission nor a claim for rescission of the lease
contract nor rejection or return of the goods may bar or be deemed
inconsistent with a claim for damages or other right or remedy.