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Equipment Lessors Can Survive Liquidated Damage Attacks

Lquidated damages are a common, albeit not always mforced, remedy in personal-property leases. Many leases provide for the recovery of "casualty value," "stipulated loss value" or "anticipated residual value" amounts from defaulting lessees. Despite the "favored" status of liquidated damage provisions under Article 2A of the Uniform Commercial Code, lessors have met with mixed results in convincing the courts to enforce these types of liquidated damage provisions. However, knowledge of the critical facts, coupled with an understanding of the law, can maximize the probability that such provisions will be enforced.

Statutory background

Section 2A-504 of the Uniform Commercial Code (UCC) ...

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