Second Examination Term Paper Example | Topics and Well Written Essays - 500 words

Second Examination - Term Paper Example n part or the whole quantity [UCC 2-601, 2A-509)] If Joseph rejects the goods, he may acquire the cover, cancel the contract or sue the seller in the court of law as if the seller never delivered the goods (Miller, p 274). Joseph has the right to recover damages for the accepted goods. Joseph can accept the damaged portion of his goods, hold them and inform Jack (the seller) on the breach of contract. This information would prevent the buyer from pursuing any remedy [UCC 2-607(3), 2A-516(3)]. In Jack and Joseph’s case the goods delivered are, not as promised, the extent of damages would be the difference in price between the goods during the acceptance, and the value if they would have been delivered as warranted [UCC 2-714(2), 2A-519(4)] (Miller, p 271). Joseph has the right of inspection. Joseph as the buyer has an unconditional right to vet the goods before making payment. This right allows the buyer to assess the goods before making any payments to ensure that they conform to the contracted specifications (Miller, p 272). The buyer should only make payments on goods if the goods delivered maintain their quality similar to those contracted. An opportunity for inspection is therefore a condition precedent to the right of the seller or lessor to enforce payment [UCC 2-513(1), 2A-515(1)]. In case the goods are rejected because they are not conforming, the buyer can recover the costs of inspection from the seller [UCC 2-513(2)]. Jack has a right to cancel the contract the seller has a right to rescind the contract if the buyer breach the contract [UCC 2-703(f), 2A-523(1)(a)]. The seller has to notify the buyer promptly and at this point, the seller is discharged of obligations. The buyer is not discharged of all obligations and the seller can pursue the available remedies under the UCC for breach. Jack is right to cancel the contract (Miller, p 272). Jack has the right to withhold delivery. The seller can withhold the performance of their obligations under the