Current as of: 2009
(a) Except as otherwise provided in this section, a lease contract is not enforceable by way of action or defense unless:
(1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars; or
(2) There is a record, authenticated by the party against which enforcement is sought or by such party's authorized agent as the record of such person, which is sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the duration of the lease.
(b) A record is not insufficient merely because it omits a term, including a quantity term, or incorrectly states a term agreed upon, but, if the record contains a quantity term, the contract is not enforceable beyond the quantity of goods shown in the record.
(c) Any description of the leased goods or of the duration of the lease is sufficient and satisfies subdivision (2) of subsection (a) of this section, whether or not it is specific, if it reasonably identifies what is described.
(d) An otherwise valid lease contract that does not satisfy the requirements of subsection (a) of this section is nevertheless enforceable:
(1) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale by the lessor to others in the ordinary course of business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(2) If the party against which enforcement is sought admits in the party's pleading, testimony in court or otherwise under oath that a lease contract was made, but the lease contract is not enforceable under this subdivision beyond the quantity of goods admitted; or
(3) With respect to goods that have been received and accepted by the lessee.
(e) The duration of a lease under a lease contract referred to in subsection (d) of this section is:
(1) If there is a record authenticated by the party against which enforcement is sought or by such party's authorized agent specifying the duration of the lease, the period so specified;
(2) If the party against which enforcement is sought admits in such party's pleading or testimony, or otherwise in court, the duration of the lease, the period so admitted; or
(3) A reasonable duration.
(f) An enforceable lease contract under this section is not unenforceable merely because it is not capable of being performed within one year or any other applicable period after its making.
(g) The affixing of a seal to a record evidencing a lease contract or offer does not make the record a sealed instrument. The law with respect to sealed instruments does not apply to the lease contract or offer.
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Questions & Answers: Leases (UCC Article 2A)
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