Buyer's Rights on Improper Delivery

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. Breach, Repudiation, and Excuse
6. Buyer's Rights on Improper Delivery

Subject to the provisions of this article on breach in installment contracts (Code Section 11-2-612) and unless otherwise agreed under the Code sections on contractual limitations of remedy (Code Sections 11-2-718 and 11-2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:

1. Reject the whole; or
2. Accept the whole; or
3. Accept any commercial unit or units and reject the rest.

(Code 1933, § 109A-2 - 601, enacted by Ga. L. 1962, p. 156, § 1.)

Law reviews.

- For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973).

JUDICIAL DECISIONS

Cited in Tennessee-Virginia Constr. Co. v. Willingham, 117 Ga. App. 290, 160 S.E.2d 444 (1968); Financial Bldg. Consultants, Inc. v. St. Charles Mfg. Co., 145 Ga. App. 768, 244 S.E.2d 877 (1978); Henco Adv., Inc. v. Geographics, Inc., 155 Ga. App. 571, 271 S.E.2d 704 (1980); Hawkins v. UPM, Inc., 159 Ga. App. 231, 283 S.E.2d 87 (1981); Lundy v. Low, 200 Ga. App. 332, 408 S.E.2d 144 (1991); Unipay, Inc. v. Lynk Sys., 251 Ga. App. 674, 555 S.E.2d 78 (2001).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 642-646.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:496.

C.J.S.

- 77A C.J.S., Sales, §§ 189, 197.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-601.

ALR.

- Contract for sale of goods as entire or divisible, 2 A.L.R. 643.

Applicability of provision in contract of sale for return of article, where article delivered does not answer to description, 30 A.L.R. 321.

Misrouting as affecting duty of the buyer to accept goods, 46 A.L.R. 1120.

Sufficiency of buyer's attempt to rescind as affected by his apparent recognition of or insistence upon continuance of seller's obligation under the contract, 118 A.L.R. 530.

Shipper's ratification of carrier's unauthorized delivery or misdelivery, 15 A.L.R.2d 807.

Right of purchaser to decline performance of contract for sale of business or goods because of seller's failure to comply with bulk sales law, 24 A.L.R.2d 1030.

Acceptance of some "commercial units" of goods purchased under UCC § 2-601(C), 41 A.L.R.4th 396.

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