Acceptance
Buyer can accept goods:
§ By words or
conduct.
§ If Buyer had
reasonable amount of time and failed to reject.
§ Buyer performs
an act which indicates he thinks he is the owner.
Partial Acceptance.
Revocation
of Acceptance
Notify Seller of breach.
Revoke only if substantial
nonconformity; and
§ Buyer accepted
on the reasonable assumption that the Seller would cure the non-conformity OR
Buyer did not discover the nonconformity because defect was latent or hard to
discover.
Anticipatory
Repudiation
Party communicates he will not
perform by time of contract performance.
No breaching party may suspend
performance and:
§ Treat the A.R.
as material breach and pursue a remedy; or
§ Wait a
reasonable time.
Case 21.3: Banco International v. Goody’s Family
Clothing (1999).
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