(810 ILCS 5/2A-221) (from Ch. 26, par. 2A-221)
Sec. 2A-221.
Casualty to identified goods.
If a lease contract requires goods identified when the lease
contract is made, and the goods suffer casualty without fault of
the lessee, the lessor, or the supplier before delivery, or the
goods suffer casualty before risk of loss passes to the lessee
pursuant to the lease agreement or Section 2A-219, then:
(a) if the loss is total, the lease contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated
as to no longer conform to the lease contract, the lessee may
nevertheless demand inspection and at his or her option either
treat the lease contract as avoided or, except in a finance lease
that is not a consumer lease, accept the goods with due
allowance from the rent payable for the balance of the lease term
for the deterioration or the deficiency in quantity but without
further right against the lessor.
(Source: P.A. 87-493.)
|