(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if
made with knowledge of a nonconformity cannot be revoked because of it unless the
acceptance was on the reasonable assumption that the nonconformity would be seasonably
cured but acceptance does not of itself impair any other remedy provided by this chapter
for nonconformity.
(3) Where a tender has been accepted:
(a) The buyer must within a reasonable time after he or she discovers or should have discovered
any breach notify the seller of breach or be barred from any remedy; and
(b) If the claim is one for infringement or the like (§ 6A-2-312(3)) and the buyer is sued as a result of such a breach he or she must so notify the
seller within a reasonable time after he or she receives notice of the litigation
or be barred from any remedy over for liability established by the litigation.
(4) The burden is on the buyer to establish any breach with respect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other obligation for which his
or her seller is answerable over,
(a) The buyer may give his or her seller written notice of the litigation. If the notice
states that the seller may come in and defend and that if the seller does not do so
he or she will be bound in any action against him or her by his or her buyer by any
determination of fact common to the two (2) litigations, then unless the seller after
seasonable receipt of the notice does come in and defend he or she is so bound.
(b) If the claim is one of infringement or the like (§ 6A-2-312(3)) the original seller may demand in writing that his or her buyer turn over to him
or her control of the litigation including settlement or else be barred from any remedy
over and if he or she also agrees to bear all expense and to satisfy any adverse judgment,
then unless the buyer after seasonable receipt of the demand does turn over control
the buyer is so barred.
(6) The provisions of subsection (3), (4) and (5) apply to any obligation of a buyer to
hold the seller harmless against infringement or the like (§ 6A-2-312(3)).
Notes of Decisions
Saber v. Dan Angelone Chevrolet, Inc., 811 A.2d 644 (R.I. 2002).
· cites it 5× “charged the jury with the task of determining whether plaintiff provided defendant with sufficient notice of the breach as required under G.L.1956 § 6A-2-607. The jury returned a verdict in plaintiffs favor.”
Lariviere v. Dayton Saf. Ladder Co., 525 A.2d 892 (R.I. 1987).
· cites it 7× “The commentary further states that all that is required of the notice is that it “let the seller know that the transaction is still troublesome and must be watched * * * [and] need only be such as informs the seller that the transaction is claimed to involve a breach.”
Parrillo v. Giroux Co., Inc., 426 A.2d 1313 (R.I. 1981).
· cites it 4× “In dismissing the implied-warranty count, the trial justice stated: “a fair reading of [G.”
San Antonio v. Warwick Club Ginger Ale Co., 248 A.2d 778 (R.I. 1968).
· cites it 4× “Boulevard pleaded specially that plaintiff could not recover on any of said counts, having failed to give reasonable notice of said breach, as required by §6A-2-607. In her action of case for negligence brought against Warwick, plaintiff on September 17, 1962, filed a single…”
DiPetrillo v. Dow Chem. Co., 729 A.2d 677 (R.I. 1999).
“General Laws 1956 § 6A-2-607(3)(a) provides that, when bringing á claim for a breach of an implied warranty, the “buyer must within a reasonable time after he or she discovers or should have discovered any breach notify the seller of breach or be barred from any remedy * *…”
Lacey v. Edgewood Home Builders, Inc., 446 A.2d 1017 (R.I. 1982).
“1956 (1969 Reenactment) § 6A-2-607. This section contains provisions that require a buyer to notify a seller of any breach incident to goods delivered within a reasonable time after discovery of such breach upon pain of deprivation of remedy.”
Costa v. Johnson & Johnson (D.R.I. 2023).
“Laws § 6A-2-607(3)(a), a “buyer must within a reasonable time after he or she discovers or should have discovered any breach notify the seller of breach or be barred from any remedy.”
— R.I. Gen. Laws § 6A-2-607(3) — 1 case
Saber v. Dan Angelone Chevrolet, Inc., 811 A.2d 644 (R.I. 2002).
“charged the jury with the task of determining whether plaintiff provided defendant with sufficient notice of the breach as required under G.L.1956 § 6A-2-607. The jury returned a verdict in plaintiffs favor.”
— R.I. Gen. Laws § 6A-2-607(3)(a) — 6 cases
Saber v. Dan Angelone Chevrolet, Inc., 811 A.2d 644 (R.I. 2002).
“charged the jury with the task of determining whether plaintiff provided defendant with sufficient notice of the breach as required under G.L.1956 § 6A-2-607. The jury returned a verdict in plaintiffs favor.”
Lariviere v. Dayton Saf. Ladder Co., 525 A.2d 892 (R.I. 1987).
“The commentary further states that all that is required of the notice is that it “let the seller know that the transaction is still troublesome and must be watched * * * [and] need only be such as informs the seller that the transaction is claimed to involve a breach.”
DiPetrillo v. Dow Chem. Co., 729 A.2d 677 (R.I. 1999).
“General Laws 1956 § 6A-2-607(3)(a) provides that, when bringing á claim for a breach of an implied warranty, the “buyer must within a reasonable time after he or she discovers or should have discovered any breach notify the seller of breach or be barred from any remedy * *…”
Parrillo v. Giroux Co., Inc., 426 A.2d 1313 (R.I. 1981).
“In dismissing the implied-warranty count, the trial justice stated: “a fair reading of [G.”
— R.I. Gen. Laws § 6A-2-607(4) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.