70A-2a-221 - Casualty to identified goods. - Utah Statutes

70A-2a-221. Casualty to identified goods.
If a lease contract requires goods identified when the lease contract is made, and thegoods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or thegoods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement orSection 70A-2a-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 thelease contract, the lessee may nevertheless demand inspection and at his option either treat thelease contract as avoided or, except in a finance lease, accept the goods with due allowance fromthe rent payable for the balance of the lease term for the deterioration or the deficiency in quantitybut without further right against the lessor.

Enacted by Chapter 197, 1990 General Session