Article 2A on leases represents a major addition to the Uniform Commercial Code ("U.C.C."). Proposed for adoption throughout the United States, some states have already adopted the article. Because of the provision's impact, we must view it carefully and correct major flaws.
In the past, courts dealt with the field of leasing through analogy to principles of sales law. However, this treatment lead to the uneven application of the law, and a new codified law on leases is certainly desirable. For their hard work and initiative, the drafters of Article 2A deserve praise; however, they are not above criticism. The drafters must resolve several major difficulties with the article before its adoption throughout the United States. In those states that have already enacted it, some clarification and amendment may be in order.
This Article explores the major problems of Article 2A. Within each area of criticism, some solutions, additions to the comments, amendments, or special legislation are suggested. This Article does not explain or survey various provisions of Article 2A, because others have already done so.
King, Donald B.
"Major Problems With Article 2A: Unfairness, "Cutting Off" Consumer Defenses, Unfiled Interests, and Uneven Adoption,"
Mercer Law Review: Vol. 43:
3, Article 6.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol43/iss3/6