2025 Session Last amended: 1989 session

§ 336.2A-219 — Risk of Loss

Plain-Language Summary

Except in a finance lease, the lessor keeps the risk of loss and it does not pass to the lessee; in a finance lease, the risk of loss passes to the lessee. When the risk is to pass to the lessee but the lease does not say when, default timing rules apply (subject to the default-on-risk-of-loss provisions of section 336.2A-220). If goods are shipped by carrier, risk passes when they are delivered to the carrier, or, if delivery at a particular destination is required, when they are duly tendered there; if a bailee holds the goods without moving them, risk passes when the bailee acknowledges the lessee's right to possession; otherwise risk passes on the lessee's receipt of the goods if the lessor or supplier is a merchant, and on tender of delivery if not.

Practical Notes
If leased goods are damaged or destroyed, who bears the loss depends on whether it is a regular or finance lease, and what the lease says.