Graders Info :
Signal will lose on both claims. Acceptance of the goods by a buyer takes place when the buyer
either signifies that the goods are conforming after inspection or fails to reject after a reasonable
time for inspection or acts inconsistently with the seller's ownership. Once the goods are accepted,
the buyer loses the right to revoke acceptance of nonconforming goods unless acceptance was based
on a reasonable assurance that the goods were conforming. In this case, although Tuner accepted
the goods, it did so on Signal's assurance that the sets were in perfect condition. Thus, on discovery
of the damaged sets, Tuner can revoke acceptance on the basis of substantial impairment of value.
In addition, although the contract called for payment on delivery, no method of payment was
specified. Therefore, tender of payment is sufficient if it is by any means currently used in the
ordinary course of business-a check is such a means. Signal does have a right to demand cash but
must give Tuner a reasonable extension of time in which to procure the cash. Thus, Signal's claim of
Tuner's breach for nonpayment on delivery is not valid.
Stella bought a cup of coffee at the Roasted Bean Drive-Thru. The coffee had been heated to
190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup
collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Stella
filed a suit against the Roasted Bean. Can Stella recover for breach of warranty? Explain.