7-2A-522
Section 7-2A-522 Lessee's right to goods on lessor's insolvency. (1) Subject to subsection
(2) and even though the goods have not been shipped, a lessee who has paid a part or all of
the rent and security for goods identified to a lease contract (Section 7-2A-217) on making
and keeping good a tender of any unpaid portion of the rent and security due under the lease
contract may recover the goods identified from the lessor if the lessor becomes insolvent
within 10 days after receipt of the first installment of rent and security. (2) A lessee acquires
the right to recover goods identified to a lease contract only if they conform to the lease
contract. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §522.)...
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7-2-324
Section 7-2-324 "No arrival, no sale" term. Under a term "no arrival, no sale"
or terms of like meaning, unless otherwise agreed, (a) The seller must properly ship conforming
goods and if they arrive by any means he must tender them on arrival but he assumes no obligation
that the goods will arrive unless he has caused the nonarrival; and (b) Where without fault
of the seller the goods are in part lost or have so deteriorated as no longer to conform to
the contract or arrive after the contract time, the buyer may proceed as if there had been
casualty to identified goods (Section 7-2-613). (Acts 1965, No. 549, p. 811.)...
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7-2A-219
Section 7-2A-219 Risk of loss. (1) Except in the case of a finance lease, risk of loss is retained
by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss
passes to the lessee. (2) Subject to the provisions of this article on the effect of default
on risk of loss (Section 7-2A-220), if risk of loss is to pass to the lessee and the time
of passage is not stated, the following rules apply: (a) If the lease contract requires or
authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular
destination, the risk of loss passes to the lessee when the goods are duly delivered to the
carrier; but (ii) if it does require delivery at a particular destination and the goods are
there duly tendered while in the possession of the carrier, the risk of loss passes to the
lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being...
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7-2A-521
Section 7-2A-521 Lessee's right to specific performance or replevin. (1) Specific performance
may be decreed if the goods are unique or in other proper circumstances. (2) A decree for
specific performance may include any terms and conditions as to payment of the rent, damages,
or other relief that the court deems just. (3) A lessee has a right of replevin, detinue,
sequestration, claim and delivery, or the like for goods identified to the lease contract
if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances
reasonably indicate that the effort will be unavailing. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §521.)...
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7-2A-503
Section 7-2A-503 Modification or impairment of rights and remedies. (1) Except as otherwise
provided in this article, the lease agreement may include rights and remedies for default
in addition to or in substitution for those provided in this article and may limit or alter
the measure of damages recoverable under this article. (2) Resort to a remedy provided under
this article or in the lease agreement is optional unless the remedy is expressly agreed to
be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided
in this article. (3) Consequential damages may be liquidated under Section 7-2A-504, or may
otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury
to the person in the case of consumer goods is prima facie unconscionable but...
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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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7-2A-304
Section 7-2A-304 Subsequent lease of goods by lessor. (1) Subject to Section 7-2A-303, a subsequent
lessee from a lessor of goods under an existing lease contract obtains, to the extent of the
leasehold interest transferred, the leasehold interest in the goods that the lessor had or
had power to transfer, and except as provided in subsection (2) and Section 7-2A-527(4), takes
subject to the existing lease contract. A lessor with voidable title has power to transfer
a good leasehold interest to a good faith subsequent lessee for value, but only to the extent
set forth in the preceding sentence. If goods have been delivered under a transaction of purchase,
the lessor has that power even though: (a) the lessor's transferor was deceived as to the
identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored;
(c) it was agreed that the transaction was to be a "cash sale"; or (d) the delivery
was procured through fraud punishable as larcenous under the...
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7-2A-305
Section 7-2A-305 Sale or sublease of goods by lessee. (1) Subject to the provisions of Section
7-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains,
to the extent of the interest transferred, the leasehold interest in the goods that the lessee
had or had power to transfer, and except as provided in subsection (2) and Section 7-2A-511(4),
takes subject to the existing lease contract. A lessee with a voidable leasehold interest
has power to transfer a good leasehold interest to a good faith buyer for value or a good
faith sublessee for value, but only to the extent set forth in the preceding sentence. When
goods have been delivered under a transaction of lease the lessee has that power even though:
(a) the lessor was deceived as to the identity of the lessee; (b) the delivery was in exchange
for a check which is later dishonored; or (c) the delivery was procured through fraud punishable
as larcenous under the criminal law. (2) A buyer in the...
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7-2A-217
Section 7-2A-217 Identification. Identification of goods as goods to which a lease contract
refers may be made at any time and in any manner explicitly agreed to by the parties. In the
absence of explicit agreement, identification occurs: (a) when the lease contract is made
if the lease contract is for a lease of goods that are existing and identified; (b) when the
goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease
contract refers, if the lease contract is for a lease of goods that are not existing and identified;
or (c) when the young are conceived, if the lease contract is for a lease of unborn young
of animals. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §217.)...
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