70A-2a-523 - Lessor's remedies. - Utah Statutes

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70A-2a-523. Lessor's remedies.
(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make apayment when due or repudiates with respect to a part or the whole, then, with respect to anygoods involved, and with respect to all of the goods if under an installment lease contract thevalue of the whole lease contract is substantially impaired as provided in Section 70A-2a-510,the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract as provided in Subsection 70A-2a-505(1);
(b) proceed respecting goods not identified to the lease contract as provided in Section70A-2a-524;
(c) withhold delivery of the goods and take possession of goods previously delivered asprovided in Section 70A-2a-525;
(d) stop delivery of the goods by any bailee as provided in Section 70A-2a-526;
(e) dispose of the goods and recover damages as provided in Section 70A-2a-527, orretain the goods and recover damages as provided in Section 70A-2a-528, or in a proper caserecover rent as provided in Section 70A-2a-529; or
(f) exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor isentitled under Subsection (1), the lessor may recover the loss resulting in the ordinary course ofevents from the lessee's default as determined in a reasonable manner, together with incidentaldamages, less expenses saved in consequence of the lessee's default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise therights and pursue the remedies provided in the lease contract, which may include a right to cancelthe lease. In addition, unless otherwise provided in the lease contract:
(a) if the default substantially impairs the value of the lease contract to the lessor, thelessor may exercise the rights and pursue the remedies provided in Subsections (1) or (2); or
(b) if the default does not substantially impair the value of the lease contract to the lessor,the lessor may recover as provided in Subsection (2).

Amended by Chapter 237, 1993 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-523

70A-2a-523. Lessor's remedies.
(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make apayment when due or repudiates with respect to a part or the whole, then, with respect to anygoods involved, and with respect to all of the goods if under an installment lease contract thevalue of the whole lease contract is substantially impaired as provided in Section 70A-2a-510,the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract as provided in Subsection 70A-2a-505(1);
(b) proceed respecting goods not identified to the lease contract as provided in Section70A-2a-524;
(c) withhold delivery of the goods and take possession of goods previously delivered asprovided in Section 70A-2a-525;
(d) stop delivery of the goods by any bailee as provided in Section 70A-2a-526;
(e) dispose of the goods and recover damages as provided in Section 70A-2a-527, orretain the goods and recover damages as provided in Section 70A-2a-528, or in a proper caserecover rent as provided in Section 70A-2a-529; or
(f) exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor isentitled under Subsection (1), the lessor may recover the loss resulting in the ordinary course ofevents from the lessee's default as determined in a reasonable manner, together with incidentaldamages, less expenses saved in consequence of the lessee's default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise therights and pursue the remedies provided in the lease contract, which may include a right to cancelthe lease. In addition, unless otherwise provided in the lease contract:
(a) if the default substantially impairs the value of the lease contract to the lessor, thelessor may exercise the rights and pursue the remedies provided in Subsections (1) or (2); or
(b) if the default does not substantially impair the value of the lease contract to the lessor,the lessor may recover as provided in Subsection (2).

Amended by Chapter 237, 1993 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-523

70A-2a-523. Lessor's remedies.
(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make apayment when due or repudiates with respect to a part or the whole, then, with respect to anygoods involved, and with respect to all of the goods if under an installment lease contract thevalue of the whole lease contract is substantially impaired as provided in Section 70A-2a-510,the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract as provided in Subsection 70A-2a-505(1);
(b) proceed respecting goods not identified to the lease contract as provided in Section70A-2a-524;
(c) withhold delivery of the goods and take possession of goods previously delivered asprovided in Section 70A-2a-525;
(d) stop delivery of the goods by any bailee as provided in Section 70A-2a-526;
(e) dispose of the goods and recover damages as provided in Section 70A-2a-527, orretain the goods and recover damages as provided in Section 70A-2a-528, or in a proper caserecover rent as provided in Section 70A-2a-529; or
(f) exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor isentitled under Subsection (1), the lessor may recover the loss resulting in the ordinary course ofevents from the lessee's default as determined in a reasonable manner, together with incidentaldamages, less expenses saved in consequence of the lessee's default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise therights and pursue the remedies provided in the lease contract, which may include a right to cancelthe lease. In addition, unless otherwise provided in the lease contract:
(a) if the default substantially impairs the value of the lease contract to the lessor, thelessor may exercise the rights and pursue the remedies provided in Subsections (1) or (2); or
(b) if the default does not substantially impair the value of the lease contract to the lessor,the lessor may recover as provided in Subsection (2).

Amended by Chapter 237, 1993 General Session