South Carolina Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties

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Multi-State
Control #:
US-02880BG
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Word; 
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Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:


Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must


" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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FAQ

102. Section 36-2-314 - Implied warranty; merchantability; usage of trade (1) Unless excluded or modified (Section 36-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

A material breach of a contract occurs when a party renders inferior performance of his or her contractual obligations that impairs or destroys the essence of the contract.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

In South Carolina, a breach of contract is one party failing to perform his or her obligations ing to an agreement. From here, the law looks towards whether the breach was ?material?, which is defined as a substantial or serious breach that frustrates the entire purpose of the agreement.

It may be considered material if it significantly impairs their ability to fulfill their part of the contract or undermines its purpose. Willful or intentional conduct ? If the party knowingly and deliberately fails to meet an essential obligation, it is more likely to be classified as a material breach.

By Richard Stim, Attorney. In contract law, a "material" breach of contract is a breach (a failure to perform the contract) that strikes so deeply at the heart of the contract that it renders the agreement "irreparably broken" and defeats the purpose of making the contract in the first place.

Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued. (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.

A seller's warranty whether express or implied extends to any natural person who may be expected to use, consume or be affected by the goods and whose person or property is damaged by breach of the warranty. A seller may not exclude or limit the operation of this section.

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South Carolina Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties