SALE OF GOODS Flashcards
Sale of Goods:
Perfect Tender
Seller’s performance must be perfect or buyer can reject.
Sale of Goods:
Rejection of Goods
Buyer can retain and sue for damages or reject all of a commercial unit and sue for damages.
Cure: Seller has second chance at perfect tender if:
1) S had reasonable grounds to believe delivery would be accepted; or
2) Time to perform hadn’t expired.
Sale of Goods:
Installment K’s
B can reject installment only if there is a substantial
impairment that can’t be cured.
Sale of Goods:
Acceptance of Goods
If accepting goods, B can’t later reject.
Payment doesn’t equal acceptance w/o opportunity to
inspect.
Implied acceptance if B keeps for reasonable amount of time.
Sale of Goods:
Revocation
If B has not accepted goods, B may cancel K by revoking acceptance if:
1) Nonconformity substantially impairs value of goods;
2) Excusable ignorance of grounds for revocation or reasonable reliance on S’s assurance; and
3) Revocation within reasonable time after B discovers nonconformity.