NOTE: SECTION 2-607(3)(a): EFFECTIVE NOTIFICATION OF BREACH UNDER THE UNIFORM COMMERCIAL CODE *. Skip over navigation
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Copyright (c) 1983 The University of Pittsburgh Law Review
University of Pittsburgh Law Review

NOTE: SECTION 2-607(3)(a): EFFECTIVE NOTIFICATION OF BREACH UNDER THE UNIFORM COMMERCIAL CODE *.



* Copyright 1983, University of Pittsburgh Law Review.

SPRING, 1983

44 U. Pitt. L. Rev. 733

Author

Patrick A. Milberger

Excerpt

I. INTRODUCTION

There is a lot to be said for not being left in the dark when defending a breach of contract action as a seller of goods. The notice requirement of the Uniform Commercial Code, section 2-607(3)(a), ensures that a seller will not find himself in such a posture; it requires timely notification of a breach to the seller as a condition precedent to recovery by the buyer. 1 This statutory early warning device exhibits the Code's abhorrence of unfair surprise among merchants 2 and, if correctly construed, promotes fair play 3 and commercial reasonableness among parties to a sale of goods contract. However, a literal reading of section 2-607(3)(a) may lead to injustice and result in a technical circumvention of the very purposes of this section and the aims of the Code as a whole. 4

In K&M Joint Venture v. Smith Int'l, Inc., 5 the Court of Appeals for the Sixth Circuit adopted such a technical interpretation of 2-607(3)(a). It permitted the pendulum to swing too far toward protection of the seller in derogation of the purposes of the notice requirement. The court's decision puts the innocent aggrieved buyer in an impossible situation. The buyer must choose between furnishing such notice as will jeopardize full performance by the breaching party or losing any remedy. This Note will chart the development and context of the Code's notice requirement and explore the K&M decision, in order to give the proper exegesis of 2-607(3)(a) with respect to the ...
 
 
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