California Commercial Code

§ 10221

COM § 10221 Effective Jul 15, 1991Div. 10 · Ch. 2

Statute text

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 10219, 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, 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.

Legislative history

Amended by Stats. 1991, Ch. 111, Sec. 23. Effective July 15, 1991.