Printable Format84-2a-521. Lessee's right to specific performance or replevin. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
History: L. 1991, ch. 295, § 69; February 1, 1992.
KANSAS COMMENT, 1996
Under this section, which is derived from section 84-2-716, a lessee has a right to obtain specific performance of the lease contract. The only substantial change from the statutory analogue is in subsection (3), which adds to replevin the lessee's rights of detinue, sequestration, claim and delivery, and the like. Lease contracts differ in nature from sales contracts, however: they are less likely to involve long-term supply arrangements like output or requirements contracts, and they are more likely to involve parties with a continuing relationship (in which courts traditionally are reluctant to order specific performance). As a result, courts may be less likely to grant specific performance of lease contracts. See William H. Lawrence & John H. Minan, The Law of Personal Property Leasing ¶ 15.02(7) (1993).