Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.2A-507

Section 400.2A-508.1

400.2A-509→

August 28, 2015

Lessee's remedies.

400.2A-508. (1) If a lessor fails to deliver the goods in conformity to

the lease contract (Section 400.2A-509) or repudiates the lease contract

(Section 400.2A-402), or a lessee rightfully rejects the goods (Section

400.2A-509) or justifiably revokes acceptance of the goods (Section

400.2A-517), then with respect to any goods involved, and with respect to all

of the goods if under an installment lease contract the value of the whole

lease contract is substantially impaired (Section 400.2A-510), the lessor is

in default under the lease contract and the lessee may:



(a) cancel the lease contract (Section 400.2A-505(1));



(b) recover so much of the rent and security as has been paid, and is

just under the circumstances;



(c) cover and recover damages as to all goods affected whether or not

they have been identified to the lease contract (Sections 400.2A-518 and

400.2A-520), or recover damages for nondelivery (Sections 400.2A-519 and

400.2A-520);



(d) exercise any other rights or pursue any other remedies provided in

the lease contract.



(2) If a lessor fails to deliver the goods in conformity to the lease

contract or repudiates the lease contract, the lessee may also:



(a) if the goods have been identified, recover them (Section 400.2A-522);

or



(b) in a proper case, obtain specific performance or replevy the goods

(Section 400.2A-521).



(3) If a lessor is otherwise in default under a lease contract, the

lessee may exercise the rights and pursue the remedies provided in the lease

contract, which may include a right to cancel the lease, and in section

400.2A-519(3).



(4) If a lessor has breached a warranty, whether express or implied, the

lessee may recover damages (Section 400.2A-519(4)).



(5) On rightful rejection or justifiable revocation of acceptance, a

lessee has a security interest in goods in the lessee's possession or control

for any rent and security that has been paid and any expenses reasonably

incurred in their inspection, receipt, transportation, and care and custody

and may hold those goods and dispose of them in good faith and in a

commercially reasonable manner, subject to section 400.2A-527(5).



(6) Subject to the provisions of section 400.2A-407, a lessee, on

notifying the lessor of the lessee's intention to do so, may deduct all or

any part of the damages resulting from any default under the lease contract

from any part of the rent still due under the same lease contract.



(L. 1992 S.B. 448)







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