Buyer's Acceptance of Goods Waives Right to Later Object to Condition
Synthèse Legislator
Généré par l'IAA lower court had ruled that a buyer was obligated to pay the purchase price for goods, even though the seller had failed to fulfill a specific contractual obligation regarding the condition of the goods at the time of delivery, because the buyer had accepted the goods without protest at delivery, thereby waiving the right to later invoke the seller's non-performance. The high court upheld this decision, reasoning that the acceptance of goods without immediate reservation regarding a known breach of the contract's terms constitutes a tacit confirmation of the delivery as conforming, thereby preventing the buyer from subsequently seeking rescission or demanding performance for that specific, waived defect.
Regeste Legislator
Généré par l'IABuyer's Acceptance of Goods Waives Right to Later Object to Condition: The high court upheld this decision, reasoning that the acceptance of goods without immediate reservation regarding a known breach of the contract's terms constitutes a tacit confirmation of the delivery as conforming, thereby preventing the buyer from subsequently seeking rescission or demanding performance for that specific, waived defect.