A Buyer orders 'Grade A' wheat. The Seller delivers 'Grade B' wheat. The Buyer notices the defect immediately but stays silent and uses the wheat. Can the Buyer later sue for breach?

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UCC Contracts QUESTION #5847

Question 1

Yes, because the goods did not conform to the contract.
No, because the Buyer accepted the goods by failing to reject them.✔️
Yes, but only if the Seller acted in bad faith.
No, because 'Grade B' is a reasonable substitute.

Correct Answer Explanation

Under UCC §2-602 and §2-606, failure to make an effective rejection after a reasonable opportunity to inspect signifies acceptance.

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