Sec. 2A109.
(1) A term providing that 1 party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when he or she deems himself or herself insecure or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise, the burden of establishing lack of good faith is on the party against whom the power has been exercised.
History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2A - Leases (440.2801...440.2982)
174-1962-2A-1 - Part 1 General Provisions (440.2801...440.2810)
Section 440.2801 - Short Title.
Section 440.2802 - Applicability of Article.
Section 440.2803 - Definitions; Sections; Principles of Construction and Interpretation.
Section 440.2805 - Certificate of Title Statute; Compliance; Applicable Law.
Section 440.2806 - Choice of Law; Judicial Forum.
Section 440.2807 - Discharge of Claim or Right Without Consideration.
Section 440.2808 - Unconscionable Contract, Clause, or Conduct.
Section 440.2809 - Power to Accelerate Payment or Performance or Require Collateral; Good Faith.
Section 440.2810 - Motor Vehicle or Trailer; Transaction Creating Sale or Security Interest.