Themis Essay 2045 Flashcards
The Uniform Commercial Code (“UCC”) Article 2 governs the
sale of goods.
“Goods” are defined as
all movable things identified as goods to be sold under the contract between the buyer and seller.
Under Article 2, if the goods or tender of delivery fail in any respect to conform to the contract, then the buyer may
(i) reject the goods,
(ii) choose to accept the goods despite their nonconformity, or
(iii) accept some of the goods while rejecting the rest.
In order to properly reject goods, the buyer must
(i) notify the seller of the particular defect, and
(ii) hold the goods with reasonable care for a time sufficient to permit the seller to remove them.
If a buyer rejects goods then subsequently accepts some or all of the goods without informing the seller,
then the seller may sue the buyer for conversion.
The remedy for conversion is
the fair market value of the goods at the time of the conversion.