§ 336.2A-221 — Casualty to Identified Goods
Plain-Language Summary
If identified goods are destroyed through no fault of either party before delivery, the lease is voided. If partially destroyed, the lessee can inspect and accept with a rent reduction or treat the lease as void.
336.2A-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 336.2A-219, then:
(a) if the loss is total, the lease contract is avoided; and
(b) 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 the lessee’s option either treat the lease contract as avoided or, except in a finance 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.
History:
1989 c 232 art 1 s 2A-221
History: History: 1989 c 232 art 1 s 2A-221