Article 2 — Sales · Section 2-723

UCC § 2-723

Quick Answer

What does UCC § 2-723 cover?

Explore UCC § 2-723, addressing the Statute of Limitations for sales under Article 2 with practical examples and analysis.

Source: U.C.C. § 2-723

Official Text
UCC § 2-723 provides that an action for breach of a contract for sale must be commenced within four years after the cause of action has accrued, unless the parties have agreed to a different period of time.
Plain Language

UCC § 2-723 establishes the timeframe for bringing a lawsuit for a breach of sales contracts. Generally, you have four years from the date of the breach to file your claim unless the parties involved agree to a different deadline.

Key Definitions

Cause of Action

The reason or legal basis for which a party can bring a lawsuit.

Breach

The failure of one party to fulfill their contractual obligations.

Sales Contract

A legal agreement for the sale of goods between a buyer and a seller.

Practical Examples

Example 1

A seller fails to deliver goods as specified in the contract on January 1, 2020. The buyer discovers the breach on the delivery date and must file a lawsuit by January 1, 2024.

Example 2

If the parties agree in the contract to extend the time to file a lawsuit to six years instead of four years, the buyer now has until January 1, 2026, to file.

Common Exam Issues
  • Identify when the cause of action accrues under UCC § 2-723.
  • Discuss the implications of a contract clause that alters the four-year limitations period.
  • Analyze how the statute of limitations applies in the context of discovery of the breach.
Related Sections
  • ucc-2-719
  • ucc-2-725

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