2006 Ohio Revised Code - 1310.66. (UCC 2A-520) Lessee\'s incidental and consequential damages.

§ 1310.66. (UCC 2A-520) Lessee's incidental and consequential damages.
 

(A)  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, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the default. 

(B)  Consequential damages resulting from a lessor's default include both of the following: 

(1) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; 

(2) Injury to person or property proximately resulting from any breach of warranty. 
 

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

 

Official Comment

Revised to reflect leasing terminology and practices. 

1. Subsection (1), a revised version of the provisions of Section 2-715(1), lists some examples of incidental damages resulting from a lessor's default; the list is not exhaustive. Subsection (1) makes clear that it applies not only to rightful rejection, but also to justifiable revocation. 

2. Subsection (2), a revised version of the provisions of Section 2-715(2), lists some examples of consequential damages resulting from a lessor's default; the list is not exhaustive.