Preserving Evidence of Goods in Dispute

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Performance
  6. Preserving Evidence of Goods in Dispute

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In furtherance of the adjustment of any claim or dispute:

  1. Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test, and sample the goods including such of them as may be in the possession or control of the other; and
  2. The parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

(Code 1933, § 109A-2 - 515, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 620-622.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:370.

C.J.S.

- 17B C.J.S., Contracts, § 565 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-515.

ALR.

- Conclusiveness of determination of third party whose approval is provided for by contract for sale of goods, 7 A.L.R.3d 555.

PART 6 BREACH, REPUDIATION, AND EXCUSE

Cross references.

- Rights of buyer and seller upon buyer's cancellation of consumer credit sale made after home solicitation, § 10-1-6.

RESEARCH REFERENCES

ALR.

- Causes of action governed by limitations period in UCC § 2-725, 49 A.L.R.5th 1.

Repudiation and remedies for repudiation under § 212(e) of Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) (12 USCS § 1821(e)), 132 A.L.R. Fed. 1


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