Sec. 42a-2A-704. Remedies in general.
Sec. 42a-2A-704. Remedies in general. (a) In accordance with section 42a-1-305,
the remedies provided in this article must be liberally administered with the purpose of
placing the aggrieved party in as good a position as if the other party had fully performed.
(b) Unless the lease contract provides for liquidated damages enforceable under
section 42a-2A-710 or a limited remedy enforceable under section 42a-2A-711, an aggrieved party may not recover that part of a loss resulting from a default that could
have been avoided by reasonable measures under the circumstances. The burden of
establishing that reasonable measures under the circumstances were not taken is on the
defaulting party.
(c) The rights and remedies provided in this article are cumulative, but a party may
not recover more than once for the same injury.
(d) This article does not impair a remedy for breach of an obligation or promise
collateral or ancillary to a lease contract.
(P.A. 02-131, S. 57; P.A. 05-109, S. 27.)
History: P.A. 05-109 amended Subsec. (a) by replacing reference to Sec. 42a-1-106 with reference to Sec. 42a-1-305
to conform to revisions made to article 1 by the same act.