411.508 Lessee's remedies.
(1) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, or a lessee rightfully rejects the goods or justifiably revokes acceptance of the goods, 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, the lessor is in default under the lease contract and the lessee may do any of the following:
(a) Cancel the lease contract.
(b) Recover so much of the rent and security as has been paid and is just under the circumstances.
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract, or recover damages for nondelivery.
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, in addition to the remedies under sub. (1), the lessee may do any of the following:
(a) If the goods have been identified, recover them.
(b) In a proper case, obtain specific performance or replevy the goods.
(3) 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 s. 411.519 (3).
(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages.
(5) 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 s. 411.527 (5).
(6) Subject to s. 411.407, 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 a default under the lease contract from any part of the rent still due under the same lease contract.
History: 1991 a. 148.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 411 - Uniform commercial code — leases.
411.103 - Definitions and index of definitions.
411.104 - Leases subject to other law.
411.105 - Territorial application of chapter to goods covered by certificate of title.
411.107 - Waiver or renunciation of claim or right after default.
411.109 - Option to accelerate at will.
411.202 - Final written expression: parol or extrinsic evidence.
411.204 - Formation in general.
411.206 - Offer and acceptance in formation of lease contract.
411.207 - Course of performance or practical construction.
411.208 - Modification, rescission and waiver.
411.209 - Lessee under finance lease as beneficiary of supply contract.
411.212 - Implied warranty of merchantability.
411.213 - Implied warranty of fitness for particular purpose.
411.214 - Exclusion or modification of warranties.
411.215 - Cumulation and conflict of warranties express or implied.
411.216 - Third-party beneficiaries of express and implied warranties.
411.218 - Insurance and proceeds.
411.220 - Effect of default on risk of loss.
411.221 - Casualty to identified goods.
411.301 - Enforceability of lease contract.
411.302 - Title to and possession of goods.
411.304 - Subsequent lease of goods by lessor.
411.305 - Sale or sublease of goods by lessee.
411.306 - Priority of certain liens arising by operation of law.
411.308 - Special rights of creditors.
411.309 - Lessor's and lessee's rights when goods become fixtures.
411.310 - Lessor's and lessee's rights when goods become accessions.
411.311 - Priority subject to subordination.
411.401 - Insecurity: adequate assurance of performance.
411.402 - Anticipatory repudiation.
411.403 - Retraction of anticipatory repudiation.
411.404 - Substituted performance.
411.405 - Excused performance.
411.406 - Procedure on excused performance.
411.407 - Irrevocable promises: finance leases.
411.502 - Notice after default.
411.503 - Modification or impairment of rights and remedies.
411.504 - Liquidation of damages.
411.506 - Statute of limitations.
411.507 - Proof of market rent: time and place.
411.509 - Lessee's rights on improper delivery; rightful rejection.
411.510 - Installment lease contracts: rejection and default.
411.511 - Merchant lessee's duties as to rightfully rejected goods.
411.512 - Lessee's duties as to rightfully rejected goods.
411.513 - Cure by lessor of improper tender or delivery; replacement.
411.514 - Waiver of lessee's objections.
411.515 - Acceptance of goods.
411.517 - Revocation of acceptance of goods.
411.518 - Cover; substitute goods.
411.520 - Lessee's incidental and consequential damages.
411.521 - Lessee's right to specific performance or replevin.
411.522 - Lessee's right to goods on lessor's insolvency.
411.524 - Lessor's right to identify goods to lease contract.
411.525 - Lessor's right to possession of goods.
411.526 - Lessor's stoppage of delivery in transit or otherwise.
411.527 - Lessor's rights to dispose of goods.
411.528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default.
411.529 - Lessor's action for the rent.
411.530 - Lessor's incidental damages.
411.531 - Standing to sue 3rd parties for injury to goods.