Three Consequences from Acceptance:
Buyer has the burden to establish any ________Acceptance of part of a commercial unit is an acceptance of the _ _ _ _ unit.entireThere are both sub__________ and pro__________ requirements for revoking an acceptance.Pro_______________ requirements: The buyer must not _ _ _ the seller of its revocation within a reasonable time of disc____________ the defect in the goods, and before any substantial change of cond__________.Sub_______________ requirement: The non-conformity must substantially im______ its value to the buyer. [The Ox-Bow case will indicates that this test is not met if the defect is min _ _, cosm _ _ _ _, or insubstantial.]Substantive Requirements:
In addition, either one of the following conditions must be met:
Buyer reasonably assumed the non-conformity would be cu _ _ _ in a reasonable time; or
The buyer's acceptance was induced by either (i) difficulties of dis_________, or (ii) the seller's assur_________.It is an "installment sale" if there may be multiple del________ of the goods.In an installment sale, is it more difficulty for the buyer to terminate the entire contract? (Yes/No)Does the "perfect tender rule" apply to an installment sales contract? (Yes/No)In an installment contract, the buyer can reject a single delivery only if the nonconformity sub__________ impairs the value, and cannot be cu _ _ _.Can the parties define "sub___________ impairs the value" in the contract? (Yes/No)In an installment contract, the buyer can only cancel the "whole" contract if the non-con__________ or default with respect to one or more installments substantially imp_______ the value of the whole contract.Policy for Installment Sales Treatment: In an installment sale, the law presumes the parties have an on-going rel_____________, and the law seeks to preserve that rel________________.A party's obligation to perform is excused if the other party commits a mat_________ br________.If the other party br_________, but still sub___________ per_________, the non-br________ party must still perform its contractual obligations.under common law, perf _ _ _ perf__________ is not required. If the other side commits a nonmat__________ br________, the other side still must perform, but could sue for any dam_________ resulting from the nonmat___________ br________.The buyer can re_______ "if the goods . . . fail in any res________ . . . to conf_________ to the contract." UCC 2-601the buyer must act in good faith, which in this situation means bothHon_____ in fact, and
Observing reasonable comm_______ stan______ of fair dea_____.Interpretation: In deciding if the goods conf____ to the contract, the terms of the contract can be interpreted by us _ _ _ of tra _ _ , course of dea______, and course of perf____________.If the buyer rejects under the perfect tender rule, the buyer must:
Reject within a reasonable _ _timeIf the buyer rejects under the perfect tender rule, the buyer must:
Reasonably not_____ the seller under UCC 2-602(1) [and this can be fa _ _ dependent as demonstrated by Miron v. Yonkers Raceway]If the buyer rejects under the perfect tender rule, the buyer must:
Provide the seller with a reasonable opp_________ to cu _ _If the buyer rejects under the perfect tender rule, the buyer must:
State the particular def________ that are ascertainable by a reasonable insp__________ (and a failure to state a defect will wa _ _ _ the buyer's right to reject for that defect or collect damages for that defect).With regard to the obligation that the buyer reasonably notifying the seller:
In the case of live animals, it is customary to inspect ___________ upon taking ________.immediately, possessionWith regard to the obligation that the buyer reasonably notifies the seller:
In the case of fresh fruits and vegetables, rejecting three days after delivery likely will be [choose one: reasonable/too late] (at least according to Problem #9-3(1) in the Casebook, which involved apples)With regard to the obligation that the buyer reasonably notifies the seller:
The parties could agree upon a time, but the time cannot be mani________ unre___________. UCC 1-302(2).With regard to the obligation that the buyer reasonably notifies the seller:
If the buyer gives the seller time to rep _ _ _ or otherwise cu _ _ before rejecting, the buyer [choose one: should/should not] be allowed extra time to reject. In other words, the buyer [choose one: should/should not] be penalized for showing pat_________.If the buyer rejects, the seller has a right to cure:
If the original time for per____________ has not yet expired, orIf the buyer rejects, the seller has a right to cure:
If the seller reasonably beli______ the ten______ would be acceptable.If the buyer rejects, the seller has a right to cure:
In either situation, the seller would have to give a seasonable no________ of intent to cure, and then must cure within a reasonable ti _ _.In general, can the seller "cure" by rep_________ defective goods? (Yes/No), but only if there will be no great incon___________, risk, or lo _ _ for the buyer. (see Wilson v. Scampole)If the buyer rejects, it must hold the goods with reasonable c _ _ _.A merchant buyer must follow reasonable instr__________ from the seller.If the seller fails to give instr__________, the buyer may attempt to sell if (i) the goods are peri____________, or (ii) likely to dec _ _ _ _ in value quickly. If the buyer sells the goods, it is entitled to be reimbursed for exp_______ and a merchant is entitled to receive a customary comm________ (10% if none established in the trade).If the seller provides no instr___________ in a reasonable time, the buyer may (i) sto____ the goods, (ii) ship the goods back to the seller, or (iii) se _ _ the goods as described above.If the seller instructs the buyer to ship the rejected goods to a third party, the buyer must comply if:
The buyer is a mer_______If the seller instructs the buyer to ship the rejected goods to a third party, the buyer must comply if:
The seller has no agent or place of busi_______ in the mar _ _ _ where the buyer has rejected the goodsIf the seller instructs the buyer to ship the rejected goods to a third party, the buyer must comply if:
The seller has given the buyer reasonable instr_______If the seller instructs the buyer to ship the rejected goods to a third party, the buyer must comply if:
The seller has promised to reim________ the buyer for shipping and other exp________.
