Title 11 — Commercial Code
0 chapters · 563 sections in this title.
O.C.G.A. § 11-2A-505 Default by lessee
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Disposal of goods by lessor, §§11-2A-523, 11-2A-524, 11-2A-527. Identification of goods to lease contract, §11-2A-524. 1080 INDEX UNIFORM COMMERCIAL CODE —Cont’d Leases —Cont’d Rights and remedies —Cont’d Default by lessee —Cont’d Lessor’s remedies generally, §11-2A-523. Possessio…
O.C.G.A. § 11-2A-506 Statute of limitations
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(1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year. (2) A cause o…
O.C.G.A. § 11-2A-507 Proof of market rent: Time and place
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(1) Damages based on market rent (Code Section 11-2A-519 or 11-2A-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in Code Secti…
O.C.G.A. § 11-2A-508 Lessee’s remedies
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(1) If a lessor fails to deliver the goods in conformity to the lease contract (Code Section 11-2A-509) or repudiates the lease contract (Code Section 11-2A-402), or a lessee rightfully rejects the goods (Code Section 11-2A-509) or justifiably revokes acceptance of the goods (Code…
O.C.G.A. § 11-2A-509 Lessee’s rights on improper delivery; rightful rejection
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(1) Subject to the provisions of Code Section 11-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and rej…
O.C.G.A. § 11-2A-510 Installment lease contracts: Rejection and default
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(1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not f…
O.C.G.A. § 11-2A-511 Wrongfully rejected goods
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Lessor’s remedies, §11-2A-523. Rent. Action by lessor for rent, §11-2A-529. Proof of market rent, §11-2A-507. Replevy of goods, §§11-2A-508, 11-2A-521. Repudiation.
O.C.G.A. § 11-2A-512 Lessee’s duties as to rightfully rejected goods
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(1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Code Section 11-2A-511) and subject to any security interest of a lessee (Code Section 11-2A-508(5)): (a) The lessee, after rejection of goods in the lessee’s possession, shall hold…
O.C.G.A. § 11-2A-513 Cure by lessor of improper tender or delivery; replacement
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(1) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of 301 11-2A-514 the lessor’s or the supplier’s intention to cure and may th…
O.C.G.A. § 11-2A-514 Waiver of lessee’s objections
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(1) In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default: (a) If, stated seasonably, the lessor or the supplier could have cu…
O.C.G.A. § 11-2A-515 Acceptance of goods
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(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and (a) The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take o…
O.C.G.A. § 11-2A-516 Cure by lessor, §11-2A-513
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Lessee’s rights. Installment lease contracts, §11-2A-510. Notice of default after acceptance of goods, §11-2A-516. Objection by lessee. Waiver, §11-2A-514. Notice of default. Accepted goods, §11-2A-516. Rejection of goods. Accepted goods. Rejection precluded, §11-2A-516. Cure by …
O.C.G.A. § 11-2A-517 Revocation of acceptance of goods
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(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it: 304 11-2A-518 (a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cur…
O.C.G.A. § 11-2A-518 Cover; substitute goods
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(1) After a default by a lessor under the lease contract of the type described in Code Section 11-2A-508(1) or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those d…
O.C.G.A. § 11-2A-519 Warranties
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Breach of warranty, §§11-2A-508, 11-2A-519. UNIFORM COMMERCIAL CODE —Cont’d Leases —Cont’d Default. Anticipatory repudiation, §§11-2A-402, 11-2A-403. Cover. Right of lessor, §11-2A-518. Installment lease contracts. Lessee’s rights and remedies, §11-2A-508. Rejection and default, …
O.C.G.A. § 11-2A-520 Lessee’s incidental and consequential damages
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(1) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, exp…
O.C.G.A. § 11-2A-521 Rights and remedies
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Default by lessee. Disposal of goods by lessor, §§11-2A-523, 11-2A-524, 11-2A-527. Identification of goods to lease contract, §11-2A-524. Possession of goods, §§11-2A-523, 11-2A-525. Rent action by lessor, §11-2A-529. Residual interest, lessor’s right’s to, §11-2a-532. Default by …
O.C.G.A. § 11-2A-522 Lessee’s right to goods on lessor’s insolvency
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(1) Subject to subsection (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (Code Section 11-2A-217) on making and keeping good a tender of any unpaid portion of the rent and s…
O.C.G.A. § 11-2A-523 Lessor’s remedies
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(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value…
O.C.G.A. § 11-2A-524 Lessor’s right to identify goods to lease contract
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(1) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or Code Section 11-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor may: (a) Identify to the lease contract conforming goods not already identified …
O.C.G.A. § 11-2A-525 Lessor’s right to possession of goods
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(1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (2) After a default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or, if agreed, after other default by the lessee, the…
O.C.G.A. § 11-2A-526 Lessor’s stoppage of delivery in transit or otherwise
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(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a …
O.C.G.A. § 11-2A-527 Lessor’s rights to dispose of goods
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(1) After a default by a lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (Code Section 11-2A-525 or 11-2A-526), or, if agreed, after other default by a lessee…
O.C.G.A. § 11-2A-528 Effect, §11-2A-516
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Nonconforming goods or delivery of goods, §11-2A-509. Notice of default, §11-2A-516. Revocation of acceptance, §11-2A-517. Damages, §11-2A-519. Justifiable revocation, §11-2A-517. Lessee’s rights and remedies, §11-2A-508. Wrongful revocation, §11-2A-523.
O.C.G.A. § 11-2A-529 Lessor’s action for the rent
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(1) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages: (a) For …
O.C.G.A. § 11-2A-530 Lessor’s incidental damages
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Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or ot…
O.C.G.A. § 11-2A-531 Standing to sue third parties for injury to goods
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(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party…
O.C.G.A. § 11-2A-532 Lessor’s rights to residual interest
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Effective date. Ga. L. 1993, p. 633, § 5, provides: “This [article] shall become effective on July 1, 1993, for all lease contracts that are first made or that first become effective between the parties on or after that date. This [article] shall not apply to any lease first made or…