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Wis. Stat. § 402.602

Manner and effect of rightful rejection

Applied in 3 court decisions — leading case 2001 WI App 180 - Smyser v. Western Star Trucks Corp. (2001)

Most recently applied in Viking Packaging Technologies, Inc. v. Vassallo Foods, Inc. (August 2011)

1991 a. 316

How often courts cite this section

199620002010201110
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 ss. 402.603 and 402.604 on rejected goods:

(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 the buyer does not have a security interest under s. 402.711 (3), the buyer 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 s. 402.703 on seller’s remedies in general.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.