Legal Question in Business Law in New York

mistake in Integration

one man supples window panes, one man needs window panes. the window panes should have been 24x24, when they were deliver they were 26x26. my question is since in there contract it never stated the size, although they had talked about the size... would this be a mistake in Integration and how would you solve it


Asked on 10/30/07, 8:45 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: mistake in Integration

I would revoke the shipment pursuant to NY UCC 2-608. The statute states:

(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it

(a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or

(b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.

Mike.

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Answered on 10/30/07, 9:09 am
Nancy Delain Delain Law Office, PLLC

Re: mistake in Integration

...and I would ask that you stop posting law school homework questions on this site.

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Answered on 10/31/07, 4:10 pm


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