{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-220.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-220.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-220.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-220.html"}],"law_id":65496,"edition_id":1,"section_id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","history":"1991, c. 536.","full_text":"1\n\nWhere risk of loss is to pass to the lessee and the time of passage is not stated:a\n\nIf a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.b\n\nIf the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.2\n\nWhether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.","order_by":null,"text":{"0":{"id":238110,"text":"Where risk of loss is to pass to the lessee and the time of passage is not stated:","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":238111,"text":"If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":238112,"text":"If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"2"},"3":{"id":238113,"text":"Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1b"}},"ancestry":[{"id":12737,"edition_id":1,"name":"Formation and Construction of Lease Contract","identifier":"2","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282407,"object_type":"structure","relational_id":12737,"identifier":"2","token":"8.2A\/2","url":"\/8.2A\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71755,"structure_id":12737,"section_number":"8.2A-201","catch_line":"Statute of frauds","url":"\/8.2A-201\/","token":"8.2A\/2\/8.2A-201","metadata":false},{"id":57011,"structure_id":12737,"section_number":"8.2A-202","catch_line":"Final expression: parol or extrinsic evidence","url":"\/8.2A-202\/","token":"8.2A\/2\/8.2A-202","metadata":false},{"id":84673,"structure_id":12737,"section_number":"8.2A-203","catch_line":"Seals inoperative","url":"\/8.2A-203\/","token":"8.2A\/2\/8.2A-203","metadata":false},{"id":53946,"structure_id":12737,"section_number":"8.2A-204","catch_line":"Formation in general","url":"\/8.2A-204\/","token":"8.2A\/2\/8.2A-204","metadata":false},{"id":81740,"structure_id":12737,"section_number":"8.2A-205","catch_line":"Firm offers","url":"\/8.2A-205\/","token":"8.2A\/2\/8.2A-205","metadata":false},{"id":84135,"structure_id":12737,"section_number":"8.2A-206","catch_line":"Offer and acceptance in formation of lease contract","url":"\/8.2A-206\/","token":"8.2A\/2\/8.2A-206","metadata":false},{"id":77350,"structure_id":12737,"section_number":"8.2A-207","catch_line":"Repealed","url":"\/8.2A-207\/","token":"8.2A\/2\/8.2A-207","metadata":false},{"id":58420,"structure_id":12737,"section_number":"8.2A-208","catch_line":"Modification, rescission, and waiver","url":"\/8.2A-208\/","token":"8.2A\/2\/8.2A-208","metadata":false},{"id":68509,"structure_id":12737,"section_number":"8.2A-209","catch_line":"Lessee under finance lease as beneficiary of supply contract","url":"\/8.2A-209\/","token":"8.2A\/2\/8.2A-209","metadata":false},{"id":87434,"structure_id":12737,"section_number":"8.2A-210","catch_line":"Express warranties","url":"\/8.2A-210\/","token":"8.2A\/2\/8.2A-210","metadata":false},{"id":63414,"structure_id":12737,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","url":"\/8.2A-211\/","token":"8.2A\/2\/8.2A-211","metadata":false},{"id":59329,"structure_id":12737,"section_number":"8.2A-212","catch_line":"Implied warranty of merchantability","url":"\/8.2A-212\/","token":"8.2A\/2\/8.2A-212","metadata":false},{"id":56702,"structure_id":12737,"section_number":"8.2A-213","catch_line":"Implied warranty of fitness for particular purpose","url":"\/8.2A-213\/","token":"8.2A\/2\/8.2A-213","metadata":false},{"id":86933,"structure_id":12737,"section_number":"8.2A-214","catch_line":"Exclusion or modification of warranties","url":"\/8.2A-214\/","token":"8.2A\/2\/8.2A-214","metadata":false},{"id":76581,"structure_id":12737,"section_number":"8.2A-215","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2A-215\/","token":"8.2A\/2\/8.2A-215","metadata":false},{"id":60702,"structure_id":12737,"section_number":"8.2A-216","catch_line":"Third-party beneficiaries of express and implied warranties","url":"\/8.2A-216\/","token":"8.2A\/2\/8.2A-216","metadata":false},{"id":86152,"structure_id":12737,"section_number":"8.2A-217","catch_line":"Identification","url":"\/8.2A-217\/","token":"8.2A\/2\/8.2A-217","metadata":false},{"id":83259,"structure_id":12737,"section_number":"8.2A-218","catch_line":"Insurance and proceeds","url":"\/8.2A-218\/","token":"8.2A\/2\/8.2A-218","metadata":false},{"id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","metadata":false},{"id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","metadata":false},{"id":80194,"structure_id":12737,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","url":"\/8.2A-221\/","token":"8.2A\/2\/8.2A-221","metadata":false}],"previous_section":{"id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","metadata":false},"next_section":{"id":80194,"structure_id":12737,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","url":"\/8.2A-221\/","token":"8.2A\/2\/8.2A-221","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-220\/","history_text":"<p>This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":55940,"section_number":"8.2A-219","catch_line":"Risk of loss","order_by":null,"url":"\/8.2A-219\/"}],"refers_to":false,"permalink":{"id":282485,"object_type":"law","relational_id":65496,"identifier":"8.2A-220","token":"8.2A\/2\/8.2A-220","url":"\/8.2A-220\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","dublin_core":{"Title":"Effect of default on risk of loss","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-220","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Where risk of loss is to pass to the lessee and the time of passage is not stated: <a id=\"paragraph-238110\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.2A-220\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1a\" class=\"indent-1\"><p><span class=\"prefix-number\">a.<\/span> If a tender or delivery of goods so fails to conform to the lease <span class=\"dictionary\">contract<\/span> as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance. <a id=\"paragraph-238111\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.2A-220\/#1a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1b\" class=\"indent-1\"><p><span class=\"prefix-number\">b.<\/span> If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning. <a id=\"paragraph-238112\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.2A-220\/#1b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease <span class=\"dictionary\">contract<\/span> repudiates or is otherwise in <span class=\"dictionary\">default<\/span> under the lease <span class=\"dictionary\">contract<\/span>, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time. <a id=\"paragraph-238113\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.2A-220\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEFFECT OF DEFAULT ON RISK OF LOSS (\u00a7 8.2A-220)\n\n1. Where risk of loss is to pass to the lessee and the time of passage is not\nstated:\n\n   a. If a tender or delivery of goods so fails to conform to the lease contract\n   as to give a right of rejection, the risk of their loss remains with the\n   lessor, or, in the case of a finance lease, the supplier, until cure or\n   acceptance.\n\n   b. If the lessee rightfully revokes acceptance, he or she, to the extent of\n   any deficiency in his or her effective insurance coverage, may treat the risk\n   of loss as having remained with the lessor from the beginning.\n\n2. Whether or not risk of loss is to pass to the lessee, if the lessee as to\nconforming goods already identified to a lease contract repudiates or is\notherwise in default under the lease contract, the lessor, or, in the case of a\nfinance lease, the supplier, to the extent of any deficiency in his or her\neffective insurance coverage may treat the risk of loss as resting on the lessee\nfor a commercially reasonable time.\n\nHISTORY: 1991, c. 536.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}