- (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.