[Previous] [Next]

§12A-2A-505.


§12A-2A-505.
   
                 CANCELLATION AND TERMINATION AND EFFECT OF
                                      
             CANCELLATION, TERMINATION, RESCISSION, OR FRAUD ON
                                      
                            RIGHTS AND REMEDIES
                                      
   (1) On cancellation of the lease contract, all obligations that are
   still executory on both sides are discharged, but any right based on
   prior default or performance survives, and the canceling party also
   retains any remedy for default of the whole lease contract or any
   unperformed balance.
   
   (2) On termination of the lease contract, all obligations that are
   still executory on both sides are discharged but any right based on
   prior default or performance survives.
   
   (3) Unless the contrary intention clearly appears, expressions of
   "cancellation", "rescission", or the like of the lease contract may
   not be construed as a renunciation or discharge of any claim in
   damages for an antecedent default.
   
   (4) Rights and remedies for material misrepresentation or fraud
   include all rights and remedies available under this article for
   default.
   
   (5) Neither rescission nor a claim for rescission of the lease
   contract nor rejection or return of the goods may bar or be deemed
   inconsistent with a claim for damages or other right or remedy.
   

[Previous] [Next]