Also known as: receive and accept · receives and accepts · receiving and accepting · acceptance of goods · UCC acceptance
Written by attorneys · grounded in primary & secondary sources — see below
A buyer's taking of goods into possession coupled with manifestation of acceptance under the UCC. This conduct satisfies an exception to the statute of frauds for contracts priced at five hundred dollars or more.
MetroBuild ordered steel beams from IronCore. After delivery MetroBuild inspected the beams, noted surface rust, signed the delivery documents, and installed the beams in its project. Because the beams were received and accepted, the oral contract became enforceable even without a writing.
Riverside Healthcare orally ordered medical supplies exceeding five hundred dollars. After receiving and accepting the first shipment, Riverside refused to pay or accept additional goods. The seller could pursue remedies for the accepted goods because receipt and acceptance removed the statute-of-frauds bar.
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Regal Apparel purchased software from a vendor under an oral agreement. Regal downloaded the software, installed it on its systems, and used it for several weeks. Receipt and acceptance of the software satisfied the statute of frauds and permitted enforcement of the oral contract.
Yes. Under UCC section 2-201(3)(c), a contract for the sale of goods priced at five hundred dollars or more is enforceable with respect to goods that have been received and accepted even without a sufficient writing.
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Acceptance occurs when the buyer signifies to the seller that the goods conform or will be retained despite nonconformity, fails to make an effective rejection after a reasonable opportunity to inspect, or takes any other action inconsistent with the seller's ownership.
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No. Acceptance precludes rejection of the accepted goods but does not impair the buyer's other remedies for nonconformity, such as an action for damages.
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Revocation is possible only if the nonconformity substantially impairs the value of the goods and the buyer accepted without discovering the nonconformity because of the seller's assurances or the difficulty of discovery.
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…pay the reasonable worth of what he has received. 1 Camp. 38, Farnsworth v. Garrard. And the rule is the same whether it was received and accepted by the assent of the party prior to the breach, under a contract by which, from its nature, he was to receive labor, from time to time until the completion of the whole contract; or whether…