41-02.1-53. (2A-505) Cancellation and termination and effect of cancellation,
174 words·~1 min read·
/nd/title-41/chapter-41-02-1-leases/41-02-1-53·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
termination, rescission, or fraud on rights and remedies.
1. On cancellation of the lease contract, all obligations that are still executory on both
sides are discharged, but any right based on prior default or performance survives,
and the canceling party also retains any remedy for default of the whole lease contract
or any unperformed balance.
2. On termination of the lease contract, all obligations that are still executory on both
sides are discharged but any right based on prior default or performance survives.
3. Unless the contrary intention clearly appears, expressions of "cancellation",
"rescission", or the like of the lease contract may not be construed as a renunciation or
discharge of any claim in damages for an antecedent default.
4. Rights and remedies for material misrepresentation or fraud include all rights and
remedies available under this chapter for default.
5. Neither rescission nor a claim for rescission of the lease contract nor rejection or
return of the goods may bar or be deemed inconsistent with a claim for damages or
other right or remedy.