Legal Question in Business Law in West Virginia

Commercial Law

I accept non-conforming goods, repudiate acceptance once discovered and notify the seller. The same day my warehouse burns down and the goods are destroyed, my insurance covers half the purchase price and I am being sued for the contract price. What remedy is there under the UCC? For who? I'm a student and I'm allowed help anywhere I can get it!


Asked on 11/27/07, 10:02 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Commercial Law

The first thing you must do is read the code and the annotations. The next step is to review the contract, even though repudiated, it may allocate risk. I have not researched nor handled a case like this so my observations are from a general standpoint. It would appear that possession requires due care. Any negligence would trigger liability. It this were a real case, then you should consult counsel to determine your rights and obligations.

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Answered on 11/28/07, 8:11 am


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