Connecticut General Statutes 42a-2A-709 – Cancellation; effect
(a) An aggrieved party may cancel a lease contract if the conditions of § 42a-2A-716 or 42a-2A-724 are satisfied or the agreement so provides, unless there is a waiver of the default or the right to cancel under § 42a-2A-302 or there is a right to cure the default under § 42a-2A-729.
Terms Used In Connecticut General Statutes 42a-2A-709
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) Upon cancellation, the lessee is subject to the same obligations and duties with respect to goods in the lessee’s possession or control as the lessee would be if the lessee had rejected a nonconforming tender and remained in control of the goods of the lessor or if the lease contract had terminated according to its own terms.
(c) Except as otherwise provided in subsection (e) of this section, upon cancellation, all obligations that are still executory on both sides are discharged.
(d) The obligations surviving cancellation include:
(1) A right based on previous default or performance of the lease contract;
(2) Any term limiting disclosure of information;
(3) An obligation to return or dispose of goods;
(4) A term establishing a choice of law or forum;
(5) A term creating an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;
(6) A term limiting the time for commencing an action or for providing notice;
(7) A remedy for breach of the whole lease contract or any unperformed balance;
(8) Any other right, remedy or obligation stated in the agreement as surviving cancellation to the extent enforceable under law other than this article; and
(9) Other rights, remedies or limitations if under the circumstances their survival is necessary to achieve the purposes of the parties.
(e) Unless a contrary intention clearly appears, language of cancellation, rescission or avoidance of the lease contract, or similar language, is not a renunciation or discharge of any claim in damages for an antecedent default.