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Assumption that the non conformity would be

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assumption that the non-conformity would be seasonably cured but acceptance does not of itselfimpair any other remedy provided for non-conformityAccepting forfeits right to rejectionAccepting forfeits right to revocation on basis of already known defectsCAN still revoke on basis of latent defects ANDCAN still revoke if acceptance was based on reas ass that NC would beseasonably curedRevocation after acceptance is difficulto2-607(3)where a tender has been accepted [notification to S requirements]2-607(3)(a)B must within a reas time after he discovers,or should have discovered, anybreack,notify the S of breach or be barred from any remedy; AND2-607(3)(b)if claim is one for infringement or the like (breach of warranty of title under2-312(3)) and B is sued as a result of such a breach, he must so notify S within a reastime after he receives notice of the litig or be barred from any remedy over for liabilityest by litigo2-607(4)burden is on B to establish any breach wrt the goods acceptedS has burden to establish B’s rejection as wrongfulB who accepted Gs has burden to establish that S breachedB must show breach in order to cancel K and get damages; if he just doesn’t payhe would be forcing S into a suit for B’s own breachGottta prove value in promise vs value receivedo2-607(5)where B is sued for breach of Warranty or other obligation for which S is answerableover2-607(5)(a)B may give S written notice of litig if (1) notice states that S may come inand defend and (2) if S doesn’t do so he will be bound in any action against him to anyfactual determination common to the two litigs, then S is so bound2-607(5)(b)if cliam is one for infringement the og seller may demand in writing that Bturn over to him control of the litig, including settlement or else be barrd from anyremedy against him. Also if S agrees to bear all expense to satisfy any adverse jmt, the Bis so barred unless B does turn over such control after seasonable receipt of S’s demandoREJECTIONoMust berightfulandeffectiveIf rejection is EFFECTIVE but not RIGHTFUL, B breach and S can sueBut B wont be liable for obligations of acceptance (i.e. purchase price)If rejection is RIGHTFUL but not EFFECTIVE, result is B accepted under 20606(1)(b)B must pay K price because lost right to reject, or can sue SoEffect of Rightful rejectionTitle re-vests in S (ROL on S)B becomes bailee w rights and duties of baileeRemedy: B recovers any proce paidoEffect of rightful, but ineffective rejectionRejection waiver, have to pay and acceptoEffect of wrongful but effective rejectionTitle re-vests in S (2-401(4))B = baileeB is in breach and S can sueS can recover damageso2-601Perfect Tender Rule (B’s Rights on Improper Delivery)o2-601subject to provisions on breach of installment Ks (2-612) and unless otherwise agreedunder the sections on contractual limitations of remedy (2-718/9),if the Gs or the tender ofdelivery fail in any respect to conform to the contract, B may:

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Term
Spring
Professor
DavidW.Brennan
Tags
SOF, IW

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