Book Opener

Buyer’s RemediesSometimes the seller fails to make delivery of the goods afteragreeing to do so. The seller may also send improper goods, which aregoods other than those that were ordered. They may also be damagedor defective goods. In these cases the buyer may:l Cancel the contract.l Bring a claim against the seller for the return of any money thathas been paid.l Bring a claim against the seller for the difference between theagreed price and the market price at the time the buyer learned ofthe breach, plus expenses.l Refuse to accept the goods if they do not conform to the contract.The buyer must notify the seller of the rejection of the goods, andthe seller then has a reasonable time in which to correct the erroror defect.l Cover the sale, or buy similar goods from someone else and bringa claim against the seller for the difference between the agreedprice and the cost of the purchase, plus expenses.l Give notice to the seller that the goods have been accepted butthat they do not conform to the contract. If no adjustment is made,the buyer may bring a claim against the seller for breach of contractor warranty.l Revoke the acceptance and return the goods if a serious defectwere undetectable, or if the buyer were led to believe that theseller would fix the defect.Reviewing What You Learned1. When does title pass from the seller to thebuyer in a sales contract? When does therisk of loss pass?2. What remedies are available when a sellerbreaches a sales contract? When a buyerbreaches a contract?Critical Thinking ActivityFairness Suppose you leave your ring at ajewelry store to be appraised and the storesells it by mistake to an innocent purchaser.Under the UCC, the innocent purchaserreceives good title to your ring. Is this rulefair? Support your argument.Legal Skills in ActionContracts Involving Minors If you areunder the age of 18 when you buy goods,you can return them and get your moneyback. You lose this right when you become18. Present a point of view to the classregarding whether this rule is reasonable.Chapter 13: Contracts for the Sale of Goods 283