Title 11, Chapter 2A, Section 221
( 11-2A-221)
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 Code Section 11-2A-219, then: (a) If the loss is total, the lease contract is avoided; and (b) 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. |