Sales and Leases - A Problem-based Approach, 2016a

drive of a car which the buyer is interested in purchasing, such use is not inconsistent
with the seller’s ownership. Furthermore, the seller may put the buyer in a position where
the buyer has no choice but to use the goods after rejection, such as continued use of a
non-conforming carpet which seller has installed and refuses to remove after the buyer
rejects the carpet.
Problem 13-1. A farmer buys an irrigation system pump from an implement dealer. He takes it
home and immediately installs it. The pump doesn’t work well, but for a period of two weeks the
farmer keeps trying different things (such as repositioning the pump, cleaning the pump) to get it
to work. After two weeks, the farmer notifies the seller of his rejection of the pump. Does buyer’s
use of the pump for two weeks constitute an acceptance, which cuts off buyer’s right to reject?
Why or why not?
13.2. Effect of Acceptance. If the buyer accepts the goods, turn to § 2-607 for the effect of
acceptance.
13.2.1. After acceptance, the buyer must pay the contract price. UCC § 2-607(1). If the
buyer has accepted in spite of a non-conformity, under § 2-717 the buyer may deduct the
damages resulting from the non-conformity from the purchase price.
13.2.2. Under § 2-607(2), if a buyer accepts the goods, the buyer no longer has the right
to reject the goods.
13.2.3. Although the buyer may have lost his right to reject the goods as a result of
acceptance, the buyer still has a claim for damages if there is a non-conformity. Under
§ 2-607(3)(a), after acceptance, the buyer must within a reasonable time after discovery
of a breach notify the seller of the breach or be barred from any remedy.
13.2.3.1. See Comment 4: the “content of the notification need merely be
sufficient to let the seller know that the transaction is still troublesome and must
be watched.”
13.2.3.2. The courts are split on whether “remote sellers” are also required to
receive notice of a breach, or if the buyer only needs to give notice of breach to
her immediate seller. See Jane Massey Draper, Annotation, Sufficiency and
Timeliness of Buyer's Notice Under UCC § 2-607(3)(a) of Seller's Breach of
Warranty, 89 A.L.R.5th 319 (2001).
Problem 13-2. Buyer buys an air conditioner in July from Sears. A few days after using it, buyer
discovers pools of water standing on the floor. He waits until September to notify Sears of the
problem. Is notice reasonable? What if buyer purchases the air conditioner in November on sale,
and doesn’t use it until June, at which time he notices the pools of water and immediately calls
Sears and complains.
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