(a) Upon a default by a lessee under the lease contract of the type described in subsection (a) or subdivision (1) of subsection (c) of section 42a-2A-716, or upon the lessor's refusal to deliver or taking possession of goods under section 42a-2A-717 or 42a-2A-719, or, if agreed, upon other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement or otherwise determined by agreement of the parties, if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages compensation for:
(1) Accrued and unpaid rent as of the date of the commencement of the period of the new lease agreement;
(2) The present value, as of the same date, of the total rent for the then remaining lease period of the original lease agreement, minus the present value, as of the same date, of the rent under the new lease agreement applicable to that part of the new lease period which is comparable to the then remaining period of the original lease agreement; and
(3) Any incidental damages allowed under section 42a-2A-706, less expenses avoided as a result of the lessee's default.
(c) If the lessor's disposition is by a lease agreement that for any reason does not qualify for treatment under subsection (b) of this section, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods, and section 42a-2A-721 governs.
(d) A person that subsequently buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even if the lessor fails to comply with one or more of the requirements of this article.
(e) A lessor is not accountable to the lessee for any profit made on any disposition. A lessee that has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest.
(P.A. 02-131, S. 73.)
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-2A-101. - Short title: Uniform Commercial Code–Leases.
Section 42a-2A-102. - Definitions and index of definitions.
Section 42a-2A-104. - Transactions subject to other law.
Section 42a-2A-105. - Territorial application of article to goods covered by certificate of title.
Section 42a-2A-107. - Unconscionability.
Section 42a-2A-108. - Option to accelerate at will.
Section 42a-2A-109. - Effect of agreement; questions determined by court.
Section 42a-2A-201. - Formal requirements.
Section 42a-2A-202. - Parol or extrinsic evidence.
Section 42a-2A-203. - Formation in general.
Section 42a-2A-204. - Firm offers.
Section 42a-2A-205. - Offer and acceptance.
Section 42a-2A-206. - Electronic contracting; formation.
Section 42a-2A-207. - Legal recognition of electronic records and authentications.
Section 42a-2A-208. - Attribution.
Section 42a-2A-209. - Contract formation; electronic record.
Section 42a-2A-210. - Contract formation; electronic agents.
Section 42a-2A-301. - Course of performance or practical construction.
Section 42a-2A-302. - Modification, rescission and waiver.
Section 42a-2A-303. - Lessee under finance lease as beneficiary of supply contract.
Section 42a-2A-304. - Identification.
Section 42a-2A-305. - Insurance and proceeds.
Section 42a-2A-306. - Risk of loss.
Section 42a-2A-307. - Casualty to identified goods.
Section 42a-2A-308. - Termination; survival of obligations.
Section 42a-2A-401. - Enforceability of lease contract.
Section 42a-2A-402. - Title to and possession of goods.
Section 42a-2A-404. - Subsequent lease of goods by lessor.
Section 42a-2A-405. - Sale or sublease of goods by lessee.
Section 42a-2A-406. - Priority of certain liens arising by operation of law.
Section 42a-2A-407. - Priority of liens arising by attachment or levy on goods.
Section 42a-2A-408. - Special rights of creditors.
Section 42a-2A-409. - Rights of lessor and lessee when goods become fixures.
Section 42a-2A-410. - Lessor's and lessee's rights when goods become accessions.
Section 42a-2A-411. - Priority subject to subordination.
Section 42a-2A-501. - Definitions.
Section 42a-2A-503. - Express warranties to lessee.
Section 42a-2A-504. - Implied warranty of merchantability.
Section 42a-2A-505. - Implied warranty of fitness for particular purpose.
Section 42a-2A-506. - Disclaimer or modification of warranty.
Section 42a-2A-507. - Cumulation and conflict of warranties.
Section 42a-2A-508. - Extension of express or implied warranty.
Section 42a-2A-601. - Right to adequate assurance of performance.
Section 42a-2A-602. - Anticipatory repudiation.
Section 42a-2A-603. - Retraction of anticipatory repudiation.
Section 42a-2A-604. - Substituted performance.
Section 42a-2A-605. - Excuse by failure of presupposed conditions.
Section 42a-2A-606. - Procedure on notice claiming excuse.
Section 42a-2A-607. - Irrevocable promises: Finance leases.
Section 42a-2A-701. - Subject to general limitations.
Section 42a-2A-702. - Default: Procedure.
Section 42a-2A-703. - Notice after default.
Section 42a-2A-704. - Remedies in general.
Section 42a-2A-705. - Measurement of damages in general.
Section 42a-2A-706. - Incidental damages.
Section 42a-2A-707. - Consequential damages.
Section 42a-2A-708. - Specific performance.
Section 42a-2A-709. - Cancellation; effect.
Section 42a-2A-710. - Liquidation of damages; deposits.
Section 42a-2A-711. - Contractual modification of remedy.
Section 42a-2A-712. - Remedies for misrepresentation or fraud.
Section 42a-2A-713. - Proof of market rent.
Section 42a-2A-714. - Liability of third parties for injury to goods.
Section 42a-2A-715. - Statute of limitations.
Section 42a-2A-716. - Lessor's remedies in general.
Section 42a-2A-717. - Lessor's right to possession of goods.
Section 42a-2A-720. - Lessor's rights to dispose of goods.
Section 42a-2A-721. - Lessor's damages for nonacceptance, failure to pay or repudiation.
Section 42a-2A-722. - Lessor's action for the rent.
Section 42a-2A-723. - Lessor's rights to residual interest.
Section 42a-2A-724. - Lessee's remedies in general; lessee's security interest in rejected goods.
Section 42a-2A-725. - Lessee's rights on nonconforming delivery; rightful rejection.
Section 42a-2A-726. - Installment lease contract: Default.
Section 42a-2A-727. - Merchant lessee's duties; lessee's options as to salvage.
Section 42a-2A-728. - Lessee's duties as to rightfully rejected goods.
Section 42a-2A-730. - What constitutes acceptance of goods.
Section 42a-2A-731. - Waiver of default; particularization of nonconformity.
Section 42a-2A-733. - Revocation of acceptance of goods.
Section 42a-2A-734. - Cover; lessee's acquisition of substitute goods.
Section 42a-2A-736. - Lessee's damages for default regarding accepted goods.