MBE Rules · Contracts
UCC §2-206 (acceptance in sale of goods)
UCC §2-206
The rule
Unless the offer unambiguously requires otherwise, an offer to buy goods for prompt shipment is accepted EITHER by a prompt promise to ship OR by prompt shipment of conforming goods. Shipment of non-conforming goods is BOTH acceptance AND breach, unless the seller seasonably notifies the buyer that the shipment is offered only as accommodation.
In plain English
If someone offers to buy goods, you can accept by either promising to ship the goods soon or by actually shipping them. If you ship the wrong goods, it's both an acceptance and a breach unless you say it's just a favor.
Worked example
A buyer orders 100 blue shirts from a seller. The seller ships 100 red shirts without notifying the buyer that it's an accommodation. This counts as accepting the order, but also breaching it by sending the wrong color.
Memory hook
Ship or Say: Two Ways to Play. Accept by promising to ship or by shipping the goods. Non-conforming goods? Accept but breach, unless it's an accommodation.
The trap
Students think: Any shipment = acceptance. Wrong, because non-conforming goods need notice for accommodation. The actual test is if seller seasonably notifies buyer.
How examiners test it
The MBE loves: seller ships wrong goods without notice. Trap: students miss that without notification, it's both acceptance and breach, not accommodation.
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