The Uniform Commercial Code requires a buyer who has accepted goods to notify the seller of any breach within a reasonable time after discovery or be barred from remedy.
Application to personal injury claims varies.
Alternative Names:
Warranty Notice Requirement, UCC Notice
Why it Matters?
The notice requirement is an underused defense to warranty claims, since buyers frequently proceed to litigation without any pre-suit notification and some courts hold that filing suit does not satisfy the requirement. Whether the requirement applies to personal injury warranty claims varies, with several states excusing it for consumers. Checking whether notice was given before suit is a routine early step in any warranty case.
Frequently Confused with
Related terms
Frequently asked questions
Does filing suit satisfy the notice requirement?
Does it apply to personal injury claims?
