§ 2A221. 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 pursuant to the lease agreement or section 2A219 (relating to risk of loss), 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 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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A2 - Formation and Construction of Lease Contract
Section 2A201 - Statute of frauds
Section 2A202 - Final written expression: parol or extrinsic evidence
Section 2A203 - Seals inoperative
Section 2A204 - Formation in general
Section 2A206 - Offer and acceptance in formation of lease contract
Section 2A207 - Course of performance or practical construction (Deleted by amendment)
Section 2A208 - Modification, rescission and waiver
Section 2A209 - Lessee under finance lease as beneficiary of supply contract
Section 2A210 - Express warranties
Section 2A212 - Implied warranty of merchantability
Section 2A213 - Implied warranty of fitness for particular purpose
Section 2A214 - Exclusion or modification of warranties
Section 2A215 - Cumulation and conflict of warranties express or implied
Section 2A216 - Third party beneficiaries of express and implied warranties
Section 2A217 - Identification
Section 2A218 - Insurance and proceeds