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Session Laws, 1994
Volume 773, Page 3430   View pdf image
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S.B. 147                                                        VETOES

THE AFFIXING OF A SEAL TO A WRITING EVIDENCING A LEASE CONTRACT OR
AN OFFER TO ENTER INTO A LEASE CONTRACT DOES NOT RENDER THE WRITING A
SEALED INSTRUMENT AND THE LAW WITH RESPECT TO SEALED INSTRUMENTS
DOES NOT APPLY TO THE LEASE CONTRACT OR OFFER.

2A-204. FORMATION IN GENERAL

(1)      A LEASE CONTRACT MAY BE MADE IN ANY MANNER SUFFICIENT TO
SHOW AGREEMENT, INCLUDING CONDUCT BY BOTH PARTIES WHICH RECOGNIZES
THE EXISTENCE OF A LEASE CONTRACT.

(2)      AN AGREEMENT SUFFICIENT TO CONSTITUTE A LEASE CONTRACT MAY
BE FOUND ALTHOUGH THE MOMENT OF ITS MAKING IS UNDETERMINED.

(3)      ALTHOUGH ONE OR MORE TERMS ARE LEFT OPEN, A LEASE CONTRACT
DOES NOT FAIL FOR INDEFINITENESS IF THE PARTIES HAVE INTENDED TO MAKE A
LEASE CONTRACT AND THERE IS A REASONABLY CERTAIN BASIS FOR GIVING AN
APPROPRIATE REMEDY.

2A-205. FIRM OFFERS

AN OFFER BY A MERCHANT TO LEASE GOODS TO OR FROM ANOTHER PERSON
IN A SIGNED WRITING THAT BY ITS TERMS GIVES ASSURANCE IT WILL BE HELD
OPEN IS NOT REVOCABLE, FOR LACK OF CONSIDERATION, DURING THE TIME
STATED OR, IF NO TIME IS STATED, FOR A REASONABLE TIME, BUT IN NO EVENT
MAY THE PERIOD OF IRREVOCABILITY EXCEED 3 MONTHS. ANY SUCH TERM OF
ASSURANCE ON A FORM SUPPLIED BY THE OFFEREE MUST BE SEPARATELY SIGNED
BY THE OFFEROR.

2A-206. OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT

(1)      UNLESS OTHERWISE UNAMBIGUOUSLY INDICATED BY THE LANGUAGE
OR CIRCUMSTANCES, AN OFFER TO MAKE A LEASE CONTRACT MUST BE CONSTRUED
AS INVITING ACCEPTANCE IN ANY MANNER AND BY ANY MEDIUM REASONABLE IN
THE CIRCUMSTANCES.

(2)      IF THE BEGINNING OF A REQUESTED PERFORMANCE IS A REASONABLE
VOTE OF ACCEPTANCE, AN OFFEROR WHO IS NOT NOTIFIED OF ACCEPTANCE
WITHIN A REASONABLE TIME MAY TREAT THE OFFER AS HAVING LAPSED BEFORE
ACCEPTANCE.

2A-207. COURSE OF PERFORMANCE OR PRACTICAL CONSTRUCTION

(1)      IF A LEASE CONTRACT INVOLVES REPEATED OCCASIONS FOR
PERFORMANCE BY EITHER PARTY WITH KNOWLEDGE OF THE NATURE OF THE
PERFORMANCE AND OPPORTUNITY FOR OBJECTION TO IT BY THE OTHER, ANY
COURSE OF PERFORMANCE ACCEPTED OR ACQUIESCED IN WITHOUT OBJECTION IS
RELEVANT TO DETERMINE THE MEANING OF THE LEASE AGREEMENT.

(2)      THE EXPRESS TERMS OF A LEASE AGREEMENT, ANY COURSE OF
PERFORMANCE, AS WELL AS ANY COURSE OF DEALING AND USAGE OF TRADE,
MUST BE CONSTRUED WHENEVER REASONABLE AS CONSISTENT WITH EACH

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Session Laws, 1994
Volume 773, Page 3430   View pdf image
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