§ 2-601. Buyer's Rights on Improper Delivery. Subject to the provisions of this Article on breach in installment contracts (Section 2-612) and unless otherwise.

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Presentation transcript:

§ Buyer's Rights on Improper Delivery. Subject to the provisions of this Article on breach in installment contracts (Section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest.

2-508—SELLER’S RIGHT TO CURE TIME FOR PERFORMANCE (1) CURE WITHIN THE CONTRACT TIME 2-508(2) CURE AFTER THE TIME FOR PERFORMANCE HAS EXPIRED

2-508—SELLER’S RIGHT TO CURE TIME FOR PERFORMANCE (1) CURE WITHIN THE CONTRACT TIME Seller is to deliver 100 cases of Vodka to Buyer by January 15 th. 99 cases arive on the 10 th of January 2-508(2) CURE AFTER THE TIME FOR PERFORMANCE HAS EXPIRED

2-508—SELLER’S RIGHT TO CURE TIME FOR PERFORMANCE (1) CURE WITHIN THE CONTRACT TIME 2-508(2) CURE AFTER THE TIME FOR PERFORMANCE HAS EXPIRED Same as before, but the 99 cases arrive on January 15th

§ Revocation of Acceptance in Whole or in Part. (1) The buyer may revoke his acceptance of a lot or commer­ cial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b)without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.

§ Seller's Right to Identify Goods to the Contract Notwithstanding Breach. (1)An aggrieved seller under the preceding section may (a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;

Action for the Price. (1)When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

Buyer's Damages for Breach in Regard to Accepted Goods. (2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show prox­imate damages of a different amount. Cost Would have been worth actual value benefit of the bargain