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84-2a-217. Identification. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:

(1) When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;

(2) when the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or

(3) when the young are conceived, if the lease contract is for a lease of unborn young of animals.

History: L. 1991, ch. 295, ยง 26; February 1, 1992.

KANSAS COMMENT, 1996

The statutory analogue of this section, which defines when goods are "identified" to the contract, is section 84-2-501(1). The principal changes from Article 2 are (1) the omission of the buyer's "special property" in the goods, as irrelevant to leasing practice; and (2) the exclusion of the Article 2 provisions concerning growing crops. The Official Comments note that it may be difficult to determine when goods are designated to a lease contract under paragraph (b) when a lessor both sells and leases goods to a lessee and does not distinguish whether the goods are related to the sale or the lease. This section leaves resolution of that issue to the courts. For further discussion of identification, see 1996 Kansas Comment 2 to 84-2-501.


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