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Cal. Com. Code § 2608

Breach, Repudiation and Excuse

Known as the Uniform Commercial Code

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

Applied in 12 court decisions — leading case 63 Cal. 2d 9 - Seely v. White Motor Co. (1965)

Most recently applied in In Re Toyota Motor Corp. (May 2011)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

19651970198019902000201120
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) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it

(a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

(b) Without discovery of such nonconformity 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.

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