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Texas Business & Commerce Code - Section 2A.221. Casualty To Identified Goods

Legal Research Home > Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Section 2A.221. Casualty To Identified Goods

§ 2A.221. CASUALTY TO IDENTIFIED GOODS.  If a lease 
contract requires goods identified when the lease contract is made, 
and the goods suffer casualty without fault of the lessee, the 
lessor or the supplier before delivery, or the goods suffer 
casualty before risk of loss passes to the lessee under the lease 
agreement or Section 2A.219:
		(1)  if the loss is total, the lease contract is 
avoided;  and              
		(2)  if the loss is partial or the goods have so 
deteriorated as to no longer conform to the lease contract, the 
lessee may nevertheless demand inspection and at the lessee's 
option either treat the lease contract as avoided or, except in a 
finance lease that is not a consumer lease, accept the goods with 
due allowance from the rent payable for the balance of the lease 
term for the deterioration or the deficiency in quantity but 
without further right against the lessor.

Added by Acts 1993, 73rd Leg., ch. 570, § 1, eff. Sept. 1, 1993.           

Last modified: August 11, 2007