(a) If a lessor fails to deliver the goods in conformity to the lease contract (§ 4-2A-509) or repudiates the lease contract (§ 4-2A-402), or a lessee rightfully rejects the goods (§ 4-2A-509) or justifiably revokes acceptance of the goods (§ 4-2A-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 (§ 4-2A-510), the lessor is in default under the lease contract and the lessee may:
(1) cancel the lease contract (§ 4-2A-505(1));
(2) recover so much of the rent and security as has been paid and is just under the circumstances;
(3) cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 4-2A-518 and 4-2A-520), or recover damages for nondelivery (§§ 4-2A-519 and 4-2A-520);
(4) exercise any other rights or pursue any other remedies provided in the lease contract.
(b) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(c) 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 § 4-2A-519(3).
(d) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (§ 4-2A-519(4)).
(e) 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 § 4-2A-527(5).
(f) Subject to the provisions of § 4-2A-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.
(5) if the goods have been identified, recover them (§ 4-2A-522); or
(6) in a proper case, obtain specific performance or replevy the goods (§ 4-2A-521).
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
§ 4-2A-501. Default — Procedure
§ 4-2A-502. Notice after default
§ 4-2A-503. Modification or impairment of rights and remedies
§ 4-2A-504. Liquidation of damages
§ 4-2A-506. Statute of limitations
§ 4-2A-507. Proof of market rent — Time and place
§ 4-2A-509. Lessee's rights on improper delivery — Rightful rejection
§ 4-2A-510. Installment lease contracts — Rejection and default
§ 4-2A-511. Merchant lessee's duties as to rightfully rejected goods
§ 4-2A-512. Lessee's duties as to rightfully rejected goods
§ 4-2A-513. Cure by lessor of improper tender or delivery — Replacement
§ 4-2A-514. Waiver of lessee's objections
§ 4-2A-515. Acceptance of goods
§ 4-2A-517. Revocation of acceptance of goods
§ 4-2A-518. Cover — Substitute goods
§ 4-2A-520. Lessee's incidental and consequential damages
§ 4-2A-521. Lessee's right to specific performance or replevin
§ 4-2A-522. Lessee's right to goods on lessor's insolvency
§ 4-2A-524. Lessor's right to identify goods to lease contract
§ 4-2A-525. Lessor's right to possession of goods
§ 4-2A-526. Lessor's stoppage of delivery in transit or otherwise
§ 4-2A-527. Lessor's rights to dispose of goods
§ 4-2A-528. Lessor's damages for non-acceptance, failure to pay, repudiation, or other default
§ 4-2A-529. Lessor's action for the rent
§ 4-2A-530. Lessor's incidental damages
§ 4-2A-531. Standing to sue third parties for injury to goods