A Unified Rationale for Section 2-607(3)(A) Notification

Authors

William H. Henning
William H. Lawrence

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Article

Abstract

The premise of this Article is that the approach drafted by Professor Speidel is far superior to the original approach. The denial of any remedy to an aggrieved party because it stumbles with respect to some aspect of a notification is draconian, and section 2-607(3)(a) should not be retained in its present form. The original provision's requirement that notification be given within a reasonable time and its silence as to the required contents give the courts a great deal of discretion, and they can do much to ameliorate its harsh effects by using only the prejudicial effect of a delay or lack of sufficiency as the basis for determining whether proper notification has been given. Under our suggested approach, a buyer would lose all remedial rights only if its notification failure significantly prejudiced an interest of the seller.

Recommended Citation

William H. Henning & William H. Lawrence, A Unified Rationale for Section 2-607(3)(A) Notification, 46 San Diego L. Rev. 573 (2009).
Available at: https://digital.sandiego.edu/sdlr/vol46/iss3/4