MBE Rules · Contracts

Revocation of Acceptance

UCC §2-608

The rule

A buyer may revoke acceptance of goods whose nonconformity substantially impairs their value if acceptance rested on cure assurances or the defect was hard to discover, and revocation occurs within a reasonable time before substantial change in the goods.

In plain English

A buyer can cancel their acceptance of goods if the goods do not meet the agreed standards and this significantly reduces their value. This is allowed if the buyer was assured that the issues would be fixed or if the defects were not easily noticeable, and the revocation happens within a reasonable timeframe before the goods are significantly altered.

Worked example

A buyer purchases a batch of apples that were promised to be fresh. Upon inspection, the buyer finds that many apples are rotten, which was not apparent at the time of purchase. The buyer immediately informs the seller and returns the apples within a week. The buyer successfully revokes acceptance due to the substantial impairment of value.

Memory hook

Revocation is your right when goods fail to deliver on their promises!

The trap

Exams may present scenarios where the buyer waits too long to revoke acceptance, leading students to overlook the 'reasonable time' requirement. Additionally, students might confuse mere dissatisfaction with substantial impairment of value.

How examiners test it

Questions often involve fact patterns where buyers discover defects after acceptance and must analyze whether the defects substantially impair value and if revocation was timely.

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