Statute · California Commercial Code

Cal. Com. Code § 10221 — Formation and Construction of Lease Contract

Cal. Com. Code § 10221

Type
Statute
Source
California Commercial Code
Jurisdiction
California
Date
1991-07-15
Current through
Nov 2, 2026 (California Legislative Counsel)

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 pursuant to the lease agreement or Section…

Citator

Cal. Com. Code § 10221 — Formation and Construction of Lease Contract is in force in the current edition of the Code, and nothing recorded condemns it.

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 pursuant to the lease agreement or Section 10219, then:

(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 his or her option either treat the lease contract as avoided or, except in a finance 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.