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Contracts • Performance Under UCC
K#117
Legal Definition
A buyer cannot reject goods if they have already accepted them. Note that payment without an opportunity for inspection is not acceptance. However, (1) a buyer's rejection must be timely (failure to object after a reasonable time is an acceptance), and (2) if the buyer keeps the goods without objection for a sufficient period of time (e.g., a month), he has impliedly accepted.
Plain English Explanation
You may have noticed in other cards that a common result of a buyer accepting goods is that he may not later reject them. This is because acceptance is sacred under the law. The law wants people to not rush into acceptance and know that when they do finally accept, it's usually final.
With that in mind, note that "acceptance" is more than just paying for goods. Though payment can often constitute acceptance, there are many times when someone will prepay for goods. If a buyer prepays for goods and then takes possession of the goods, the court will deem them to have been accepted if the buyer takes too long to reject them or object to them.
With that in mind, note that "acceptance" is more than just paying for goods. Though payment can often constitute acceptance, there are many times when someone will prepay for goods. If a buyer prepays for goods and then takes possession of the goods, the court will deem them to have been accepted if the buyer takes too long to reject them or object to them.
Visual Aids
Related Concepts
How may a buyer revoke acceptance of goods?
What are a buyer's rights to reject goods in an installment contract?
What does the "ability to cure" mean?
What factors limit a buyer's ability to reject goods?
What happens if a seller wishes to cure beyond the time obligated for performance?
What happens if a seller wishes to cure within the time obligated for performance?
What is the buyer's right of inspection?
What is the perfect tender rule, and what is the consequence of less than perfect tender?
When is the price due in carrier cases, shipment contracts, and destination contracts?
When is the price due in non-carrier cases?
When may the seller demand payment in an installment contract?
