Sec. 42a-2A-704. Remedies in general. - Connecticut Statutes

State Codes and Statutes

Statutes > Connecticut > Title42a > Art002a > Sec42a-2A-704

      Sec. 42a-2A-704. Remedies in general. (a) In accordance with section 42a-1-305, the remedies provided in this article must be liberally administered with the purpose of placing the aggrieved party in as good a position as if the other party had fully performed.

      (b) Unless the lease contract provides for liquidated damages enforceable under section 42a-2A-710 or a limited remedy enforceable under section 42a-2A-711, an aggrieved party may not recover that part of a loss resulting from a default that could have been avoided by reasonable measures under the circumstances. The burden of establishing that reasonable measures under the circumstances were not taken is on the defaulting party.

      (c) The rights and remedies provided in this article are cumulative, but a party may not recover more than once for the same injury.

      (d) This article does not impair a remedy for breach of an obligation or promise collateral or ancillary to a lease contract.

      (P.A. 02-131, S. 57; P.A. 05-109, S. 27.)

      History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-106 with reference to Sec. 42a-1-305 to conform to revisions made to article 1 by the same act.

State Codes and Statutes

Statutes > Connecticut > Title42a > Art002a > Sec42a-2A-704

      Sec. 42a-2A-704. Remedies in general. (a) In accordance with section 42a-1-305, the remedies provided in this article must be liberally administered with the purpose of placing the aggrieved party in as good a position as if the other party had fully performed.

      (b) Unless the lease contract provides for liquidated damages enforceable under section 42a-2A-710 or a limited remedy enforceable under section 42a-2A-711, an aggrieved party may not recover that part of a loss resulting from a default that could have been avoided by reasonable measures under the circumstances. The burden of establishing that reasonable measures under the circumstances were not taken is on the defaulting party.

      (c) The rights and remedies provided in this article are cumulative, but a party may not recover more than once for the same injury.

      (d) This article does not impair a remedy for breach of an obligation or promise collateral or ancillary to a lease contract.

      (P.A. 02-131, S. 57; P.A. 05-109, S. 27.)

      History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-106 with reference to Sec. 42a-1-305 to conform to revisions made to article 1 by the same act.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Connecticut > Title42a > Art002a > Sec42a-2A-704

      Sec. 42a-2A-704. Remedies in general. (a) In accordance with section 42a-1-305, the remedies provided in this article must be liberally administered with the purpose of placing the aggrieved party in as good a position as if the other party had fully performed.

      (b) Unless the lease contract provides for liquidated damages enforceable under section 42a-2A-710 or a limited remedy enforceable under section 42a-2A-711, an aggrieved party may not recover that part of a loss resulting from a default that could have been avoided by reasonable measures under the circumstances. The burden of establishing that reasonable measures under the circumstances were not taken is on the defaulting party.

      (c) The rights and remedies provided in this article are cumulative, but a party may not recover more than once for the same injury.

      (d) This article does not impair a remedy for breach of an obligation or promise collateral or ancillary to a lease contract.

      (P.A. 02-131, S. 57; P.A. 05-109, S. 27.)

      History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-106 with reference to Sec. 42a-1-305 to conform to revisions made to article 1 by the same act.