Sec. 42a-2-608. Revocation of acceptance in whole or in part.
Sec. 42a-2-608. Revocation of acceptance in whole or in part. (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.
(1959, P.A. 133, S. 2-608.)
Annotations to former statute (1958 Rev., S. 42-69):
At common law, breach of warranty would not justify return of goods. 66 C. 87; 71 C. 172; 73 C. 554; 79 C. 131.
Measure of damages for breach. 66 C. 87; 88 C. 109; 95 C. 250; 115 C. 264. Warranty does not inure to benefit of subsequent
purchaser. 83 C. 231. Upon a sale subject to buyer's ratification, buyer cannot accept part and reject rest. 91 C. 71. Right
of buyer to recover part of purchase price paid on breach of warranty. Id., 185. If seller warrants his product to be harmless,
his good faith is immaterial if in fact there is a breach of warranty. 92 C. 603. Where suit is on an express contract providing
for payment on a cost plus basis, recovery for agreed price may be had though work was useless if there was no warranty.
Id. Right of return where there is a warranty that goods are salable. 93 C. 105. Acceptance of goods is no waiver of claim
of breach of warranty. 95 C. 531; 102 C. 552. Burden of proof of breach of warranty in buyer's counterclaim is on buyer.
95 C. 532. If seller accepts buyer's offer to return goods, buyer is entitled to recover money paid. 100 C. 736. Cited. 114
C. 424. Buyer's right to return is conditional; he must prove condition of property substantially as good as at date of
purchase. 116 C. 579. On refusal of seller to accept return of goods, buyer holds as bailee; if buyer then uses, he may not
claim rescission. 121 C. 655. Damages may properly include rental of substitute equipment. 125 C. 704. Cited. 128 C. 9.
Liability of used car dealer for personal injuries resulting from dangerous condition, where sale was induced by representations that it was safe. 131 C. 417. No right to sue for breach of warranty where buyer failed to complain within ten days
as required by contract, though defect was latent. 132 C. 439. Offer by buyer to permit seller to resell does not nullify right
to rescind. 137 C. 247. The statute is concerned only with alternate remedies available for a breach of warranty. 144 C. 359.
Cited. 10 CS 125. Cited. 12 CS 33. Such words as "This car in A-1 condition; I just overhauled the motor" is not an
express warranty but merely "seller's talk". 17 CS 360.
Annotations to present section:
Cited. 172 C. 112. Cited. 184 C. 10. Cited. 189 C. 433. Cited. 202 C. 106. Cited. 203 C. 342. Cited. 205 C. 479. Cited.
212 C. 83. Cited. 218 C. 297.
Cited. 1 CA 249. Cited. 27 CA 688.
Subsec. (1):
Cited. 182 C. 561.