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25,400 statutes · page 59 of 1270
United States — Maine legislation
20 statutes shown from 25,400 source-backed records
A claim or right from an alleged default or warranty breach may be discharged, in whole or in part, without consideration, by a waiver or renunciation in a signed record delivered by the aggrieved party.
A court may refuse to enforce an unconscionable lease term or lease contract, may enforce the rest without the term, and may grant relief for consumer leases involving unconscionable conduct; it must let the parties present evidence first.
A clause allowing acceleration or extra collateral “at will” or when a party says it is insecure is read to permit that only if the party honestly believes payment or performance is impaired.
A lease contract is generally unenforceable unless it meets the stated payment threshold or there is a signed record, with several listed exceptions.
A final written agreement generally cannot be contradicted by prior or contemporaneous oral evidence, but it may be explained or supplemented in limited ways.
A seal on a record for a lease contract or an offer to enter into a lease contract does not make the record a sealed instrument.
A lease contract may be formed by any method showing agreement, including the parties’ conduct.
An offer by a merchant to lease goods to or from another person in a signed record 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
An offer to make a lease contract is normally treated as inviting acceptance in any reasonable manner and by any reasonable medium.
Lease modifications need no consideration; signed lease terms barring changes except by signed record control later changes and rescissions, and a failed modification attempt may count as a waiver.
A finance lease lessee gets the benefit of the supplier’s promises and warranties for the leasehold interest, subject to the contract terms and related defenses or claims.
A lessor’s factual affirmations, descriptions, or samples/models can create an express warranty if they become part of the basis of the bargain.
A lease contract includes warranties against interference and infringement claims, and a lessee who supplies specifications must indemnify the lessor and supplier for infringement claims arising from those specifications.
(1). Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. [PL 1991, c. 805, §4 (NEW).] (2). Goods to be merchantable must
Except in a finance lease, a lease includes an implied warranty that the goods will be fit for the lessee’s particular purpose when the lessor knows that purpose and the lessee is relying on the lessor’s skill or judgment.
This section sets rules for excluding or limiting warranties in a lease, including when written, conspicuous language is required and when implied warranties may be excluded by specific phrases or circumstances.
Warranties are to be read together as consistent and cumulative; if that is unreasonable, the parties’ intent controls which warranty prevails.
A warranty for a lessee can extend to certain foreseeable users or affected persons who are injured by a breach, but the section cannot be excluded, modified, or limited for personal injury to those persons.
The parties may agree on when and how goods are identified as covered by a lease contract; otherwise, identification happens at the lease contract date for existing identified goods, when nonexisting goods are shipped/marked/designated by the lessor, or when unborn animals are conceived.
A lessee gets an insurable interest when identified goods are tied to the lease contract, even if nonconforming and rejectable. The lessor may temporarily substitute other goods in a limited situation, retains an insurable interest until buy option exercise and risk of loss passes, and the parties may agree on insuranc
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