NOTE: NOTIFICATION OF BREACH UNDER UNIFORM COMMERCIAL CODE SECTION 2-607(3)(a): A CONFLICT, A RESOLUTION. Skip over navigation
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Copyright (c) 1985 Cornell Law Review
Cornell Law Review

NOTE: NOTIFICATION OF BREACH UNDER UNIFORM COMMERCIAL CODE SECTION 2-607(3)(a): A CONFLICT, A RESOLUTION.

March, 1985

70 Cornell L. Rev. 525

Author

George Frank Hammond

Excerpt

INTRODUCTION

Section 2-607(3)(a) of the Uniform Commercial Code requires that "[w]here a tender has been accepted . . . the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy." 1 This section bars a suit 2 for breach of warranty if the buyer has not met the notification requirement. 3 The Code does not prescribe any form of notification; 4 a buyer may meet its requirements by giving notification either orally 5 or in writing. Although at least one court has noted that the pleadings themselves may constitute notification, even when both parties are merchants, 6 the majority view requires the buyer to give notification prior to filing suit. 7 The absence of specific guidelines in section 2-607(3)(a) has forced the courts to develop standards for determining what constitutes adequate notification. Some courts have held that virtually any complaint will satisfy the requirement, 8 but others require the buyer to notify the seller that he considers the seller to be legally in breach. 9

This Note first explores the development and application of these two standards. 10 It then evaluates the standards with respect to the policies underlying the notification requirement and argues that neither standard adequately furthers these policies. 11 The Note then develops an analytical process for evaluating notification under section 2-607(3)(a). 12 Finally, the Note analyzes a series of hypotheticals to illustrate the usefuleness of this ...
 
 
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