Uniform Commercial Code: Difference between revisions
m added louisianna special case note |
Cite the specific articles in Louisiana Civil Codes |
||
| Line 3: | Line 3: | ||
==Summary== | ==Summary== | ||
=== Article 2: Sales === | ===Article 2: Sales=== | ||
Adopted in every state except Louisiana<ref group="footnotes">Equivalent | Adopted in every state except Louisiana<ref group="footnotes">Equivalent sections are covered by Louisiana state law, specifically the Civil Codes of Louisiana under Title VII. Sale (Art. 2438 - 2659)" (1995) , [https://lcco.law.lsu.edu/?uid=95&ver=en#95 Chapter 10] and [https://lcco.law.lsu.edu/?uid=98&ver=en#98 Chapter 13]. Notable are the Obligations of the buyer under [https://legis.la.gov/legis/Law.aspx?d=109601 Art. 2549.], Buyer's right of inspection under [https://legis.la.gov/legis/Law.aspx?p=y&d=109662 Art. 2604.] which includes after delivery to inspect before accepting and Rejection of nonconforming things by the buyer under [https://legis.la.gov/legis/Law.aspx?d=109663 Art. 2605.] . | ||
==== § 2-513: Buyer's Right to Inspection of Goods<ref>https://www.law.cornell.edu/ucc/2/2-513</ref> ==== | </ref>, this article gives consumers rights regarding the sale of goods, like the right to inspect before accepting and paying for it.<ref>https://www.sos.la.gov/BusinessServices/UniformCommercialCode/WhatIsUniformCommercialCode/Pages/default.aspx</ref> | ||
====§ 2-513: Buyer's Right to Inspection of Goods<ref>https://www.law.cornell.edu/ucc/2/2-513</ref>==== | |||
The consumer has the right to inspect before payment or acceptance, the inspection is explicitly states as "in any reasonable manner". That also means that the consumer can inspect for goods that are delivered, it is the preliminary step before accepting. Terms must be available before acceptance, the customers must have seen all the terms before they can accept the good, else even when a payment has occurred it is not considered accepted as the reasonable inspection is not over yet.<ref>https://www.nolo.com/legal-encyclopedia/buyers-performance-under-the-ucc.html</ref> | The consumer has the right to inspect before payment or acceptance, the inspection is explicitly states as "in any reasonable manner". That also means that the consumer can inspect for goods that are delivered, it is the preliminary step before accepting. Terms must be available before acceptance, the customers must have seen all the terms before they can accept the good, else even when a payment has occurred it is not considered accepted as the reasonable inspection is not over yet.<ref>https://www.nolo.com/legal-encyclopedia/buyers-performance-under-the-ucc.html</ref> | ||
==== § 2-606: What Constitutes Acceptance of Goods<ref>https://www.law.cornell.edu/ucc/2/2-606</ref> ==== | ====§ 2-606: What Constitutes Acceptance of Goods<ref>https://www.law.cornell.edu/ucc/2/2-606</ref>==== | ||
This section makes that part explicit in § 2-606-1b as "such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them". | This section makes that part explicit in § 2-606-1b as "such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them". | ||
==== § 2-607: Effect of Acceptance<ref>https://www.law.cornell.edu/ucc/2/2-607</ref> ==== | ====§ 2-607: Effect of Acceptance<ref>https://www.law.cornell.edu/ucc/2/2-607</ref>==== | ||
Once this reasonable inspection did take place, then the buyer can decide to accept it, which comes with the obligation to pay. | Once this reasonable inspection did take place, then the buyer can decide to accept it, which comes with the obligation to pay. | ||
==Notes== | ==Notes== | ||
Revision as of 00:44, 23 February 2025
The Uniform Commercial Code(UCC) established harmonized laws regarding sales and other commercial transactions to almost every state across the United States.
Summary
Article 2: Sales
Adopted in every state except Louisiana[footnotes 1], this article gives consumers rights regarding the sale of goods, like the right to inspect before accepting and paying for it.[1]
§ 2-513: Buyer's Right to Inspection of Goods[2]
The consumer has the right to inspect before payment or acceptance, the inspection is explicitly states as "in any reasonable manner". That also means that the consumer can inspect for goods that are delivered, it is the preliminary step before accepting. Terms must be available before acceptance, the customers must have seen all the terms before they can accept the good, else even when a payment has occurred it is not considered accepted as the reasonable inspection is not over yet.[3]
§ 2-606: What Constitutes Acceptance of Goods[4]
This section makes that part explicit in § 2-606-1b as "such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them".
§ 2-607: Effect of Acceptance[5]
Once this reasonable inspection did take place, then the buyer can decide to accept it, which comes with the obligation to pay.
Notes
- ↑ Equivalent sections are covered by Louisiana state law, specifically the Civil Codes of Louisiana under Title VII. Sale (Art. 2438 - 2659)" (1995) , Chapter 10 and Chapter 13. Notable are the Obligations of the buyer under Art. 2549., Buyer's right of inspection under Art. 2604. which includes after delivery to inspect before accepting and Rejection of nonconforming things by the buyer under Art. 2605. .
References
- ↑ https://www.sos.la.gov/BusinessServices/UniformCommercialCode/WhatIsUniformCommercialCode/Pages/default.aspx
- ↑ https://www.law.cornell.edu/ucc/2/2-513
- ↑ https://www.nolo.com/legal-encyclopedia/buyers-performance-under-the-ucc.html
- ↑ https://www.law.cornell.edu/ucc/2/2-606
- ↑ https://www.law.cornell.edu/ucc/2/2-607