UCC § 2-608

Definition

UCC § 2-608, also known as the 'Revocation of Acceptance' provision, is a section of the Uniform Commercial Code (UCC) that outlines the circumstances under which a buyer can revoke their acceptance of goods in a sales contract. This term is particularly relevant in the context of warranties and sales contracts.

5 Must Know Facts For Your Next Test

1. UCC § 2-608 allows a buyer to revoke their acceptance of goods if the goods have a 'substantial' nonconformity that was not discovered until after acceptance.
2. The buyer must revoke acceptance within a reasonable time after the buyer discovers or should have discovered the nonconformity.
3. Revocation of acceptance effectively 'undoes' the sale, allowing the buyer to return the goods and receive a refund or replacement.
4. The buyer's right to revoke acceptance is limited if the goods have been substantially altered or the buyer has accepted a 'non-conforming tender' with knowledge of the nonconformity.
5. Revocation of acceptance is a powerful remedy for the buyer, but the buyer bears the burden of proving the existence of a substantial nonconformity.

Review Questions

• Explain the circumstances under which a buyer can revoke their acceptance of goods under UCC § 2-608.
  • Under UCC § 2-608, a buyer can revoke their acceptance of goods if the goods have a 'substantial' nonconformity that was not discovered until after acceptance. The buyer must revoke acceptance within a reasonable time after discovering the nonconformity. Revocation of acceptance effectively 'undoes' the sale, allowing the buyer to return the goods and receive a refund or replacement. However, the buyer's right to revoke acceptance is limited if the goods have been substantially altered or the buyer has accepted a 'non-conforming tender' with knowledge of the nonconformity.
• Describe the burden of proof for a buyer seeking to revoke acceptance under UCC § 2-608.
  • Under UCC § 2-608, the buyer bears the burden of proving the existence of a substantial nonconformity in the goods that was not discovered until after acceptance. The buyer must demonstrate that the nonconformity is significant enough to justify revoking the acceptance, and that the revocation occurred within a reasonable time after the discovery of the nonconformity. The buyer's ability to revoke acceptance may be limited if the goods have been substantially altered or the buyer accepted a non-conforming tender with knowledge of the nonconformity.
• Analyze the role of UCC § 2-608 in the context of warranties and sales contracts.
  • UCC § 2-608, the 'Revocation of Acceptance' provision, plays a crucial role in the context of warranties and sales contracts. It provides buyers with a powerful remedy to address substantial nonconformities in the goods they have purchased, even after initially accepting the goods. By allowing revocation of acceptance, this section of the UCC helps to ensure that buyers receive the goods they are entitled to under the terms of the sales contract and any applicable warranties. The burden of proof on the buyer to demonstrate a substantial nonconformity also incentivizes sellers to provide goods that meet the contractual specifications and warranties. Overall, UCC § 2-608 is a key mechanism for balancing the rights and responsibilities of buyers and sellers in sales transactions.

Related terms

Acceptance:

The buyer's act of receiving the goods and indicating to the seller that the goods conform to the contract.

Nonconformity: A defect or deviation in the goods from the requirements or expectations set forth in the sales contract.

Revocation of Acceptance:

The buyer's act of rejecting the goods and treating the contract as if it had never been made, typically due to a substantial nonconformity.