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Cal. Com. Code § 2602

Breach, Repudiation and Excuse

Known as the Uniform Commercial Code

The act spans §§ 1101–12107 (623 sections).

Applied in 7 court decisions — leading case Gorman v. Wolpoff & Abramson, LLP (2009)

Most recently applied in 206 Cal. App. 4th 999 - Apex LLC v. Sharing World, Inc. (May 2012)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

19781980199020002010201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (Sections 2603 and 2604),

(a) After rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and

(b) If the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this division (subdivision (3) of Section 2711), he is under a duty after rejection to hold them with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them; but

(c) The buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller’s rights with respect to goods wrongfully rejected are governed by the provisions of this division on seller’s remedies in general (Section 2703).

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.