Article 2 — Sales · Section 2-608

UCC § 2-608

Quick Answer

What does UCC § 2-608 cover?

This section governs a buyer's right to revoke acceptance of goods under certain conditions.

Source: U.C.C. § 2-608

Official Text
The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: (a) on the reasonable assumption that the nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of such nonconformity if his acceptance was induced either by the difficulty of discovery before acceptance or by the seller's assurances.
Plain Language

UCC § 2-608 allows a buyer to revoke their acceptance of goods if the goods significantly fail to meet the agreed standards, and this failure either wasn't discovered before acceptance or was assumed to be fixable. It provides buyers with a level of protection against nonconforming goods even after acceptance.

Key Definitions

Revocation of Acceptance

The buyer's right to cancel their acceptance of goods due to substantial nonconformity.

Nonconformity

Goods that do not meet the specifications or quality standards set in the sales contract.

Commercial Unit

A unit of goods that is treated as a single entity in a sale, often applied in bulk transactions.

Practical Examples

Example 1

A buyer purchases a batch of electronics, believing they all function correctly. After acceptance, they discover a significant number have defects that the seller assured would be fixed, justifying revocation of acceptance.

Example 2

A customer buys a shipment of fresh produce, assuming the quality meets their contractual terms. Upon delivery, they find the majority spoiled, allowing them to revoke their acceptance due to substantial impairment.

Common Exam Issues
  • Understanding the criteria for when a buyer can revoke acceptance.
  • Identifying whether substantial impairment of value exists in a given scenario.
  • Distinguishing between revocation due to discovery of nonconformity and due to seller's assurances.
  • Analyzing the timing and means of notice required for effective revocation.
Related Sections
  • ucc-2-601
  • ucc-2-607

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