2006 Ohio Revised Code - 1310.24. (UCC 2A-217) Identification.

§ 1310.24. (UCC 2A-217) Identification.
 

Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs in one of the following manners: 

(A) When the lease contract is made, if the lease contract is for a lease of goods that are existing and identified; 

(B) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; 

(C) When the young are conceived, if the lease contract is for a lease of unborn young of animals. 
 

HISTORY: 144 v H 693. Eff 11-6-92.

 

Official Comment

This section, together with Section 2A-218, is derived from the provisions of Section 2-501, with changes to reflect lease terminology; however, this section omits as irrelevant to leasing practice the treatment of special property. 

With respect to subsection (b) there is a certain amount of ambiguity in the reference to when goods are designated, e.g., when the lessor is both selling and leasing goods to the same lessee/buyer and has marked goods for delivery but has not distinguished between those related to the lease contract and those related to the sales contract. As in Section 2-501(1)(b), this issue has been left to be resolved by the courts, case by case.