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Buyer offers to seller, seller accepts by sending a shipment of goods. Shipment is non-conforming, but seller sends a notice of accommodation. I know the accommodation is a counter-offer. What are buyer's options at that point? Legal effect of a notice of accommodation ?

Law-So-Hard wrote:Buyer offers to seller, seller accepts by sending a shipment of goods. Shipment is non-conforming, but seller sends a notice of accommodation. I know the accommodation is a counter-offer. What are buyer's options at that point? Legal effect of a notice of accommodation ?

legal effect is that it's a counter offer when sent w non-conforming goods (provided that seller never accepted by promise prior to shipping the goods). Buyer can accept the accommodation (counteroffer) or reject it.

If seller sent non-conforming goods wo the note of accommodation then that would be an acceptance + breach. Buyer can get damages.

lmr wrote:

Law-So-Hard wrote:Buyer offers to seller, seller accepts by sending a shipment of goods. Shipment is non-conforming, but seller sends a notice of accommodation. I know the accommodation is a counter-offer. What are buyer's options at that point? Legal effect of a notice of accommodation ?

legal effect is that it's a counter offer when sent w non-conforming goods (provided that seller never accepted by promise prior to shipping the goods). Buyer can accept the accommodation (counteroffer) or reject it.

If seller sent non-conforming goods wo the note of accommodation then that would be an acceptance + breach. Buyer can get damages.

No damages if buyer accepts the accommodation (counter offer)?

Law-So-Hard wrote:

lmr wrote:

Law-So-Hard wrote:Buyer offers to seller, seller accepts by sending a shipment of goods. Shipment is non-conforming, but seller sends a notice of accommodation. I know the accommodation is a counter-offer. What are buyer's options at that point? Legal effect of a notice of accommodation ?

legal effect is that it's a counter offer when sent w non-conforming goods (provided that seller never accepted by promise prior to shipping the goods). Buyer can accept the accommodation (counteroffer) or reject it.

If seller sent non-conforming goods wo the note of accommodation then that would be an acceptance + breach. Buyer can get damages.

No damages if buyer accepts the accommodation (counter offer)?

why would there be damages? there's no breach bc there was no acceptance, meaning no K.

The only time you would be entitled to damages under that sort of scenario would be if there was first a promise to perform by the seller and then AFTER she promised to perform (accepted offer) she shipped non-conforming goods w the note.

lmr wrote:

Law-So-Hard wrote:

lmr wrote:

Law-So-Hard wrote:Buyer offers to seller, seller accepts by sending a shipment of goods. Shipment is non-conforming, but seller sends a notice of accommodation. I know the accommodation is a counter-offer. What are buyer's options at that point? Legal effect of a notice of accommodation ?

legal effect is that it's a counter offer when sent w non-conforming goods (provided that seller never accepted by promise prior to shipping the goods). Buyer can accept the accommodation (counteroffer) or reject it.

If seller sent non-conforming goods wo the note of accommodation then that would be an acceptance + breach. Buyer can get damages.

No damages if buyer accepts the accommodation (counter offer)?

why would there be damages? there's no breach bc there was no acceptance, meaning no K.

The only time you would be entitled to damages under that sort of scenario would be if there was first a promise to perform by the seller and then AFTER she promised to perform (accepted offer) she shipped non-conforming goods w the note.

There is no damages here. Seller sending the accommodation and letter notifying buyer of the accommodation does NOT act as acceptance. It's a counteroffer. If it were that he just sent the accommodation w out notifying buyer of the accommodation, seller's delivery would act as breach and then an offer for buyer to accept

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Thanks! That makes sense. I've been trying to memorize it but understanding the logic gives me more clarity.