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Summary of UCC As It Relates To Defective Products
by Adam Krohn of Krohn & Moss Ltd.

Generally speaking, the Uniform Commercial Code ("U.C.C.") is the law on sales. It determines the rights and remedies of buyers and sellers. It is statutory authority that, for example, provides the remedy for a seller's breach and that allows a buyer to "revoke acceptance" (in other words, undo the deal) of a product against the seller. The benefits behind the U.C.C. include the ability to state a claim against the seller (e.g., revocation of acceptance) that you often couldn't state against a remote manufacturer or warrantor.

Although the U.C.C. forms the backdrop for consumer protection statutes like the Magnuson-Moss Warranty Act and the various lemon laws, one drawback of the Code is that it rarely allows the consumer to recover the attorney fees expended in the lawsuit. For this reason, defendants' in U.C.C. based claims often seek to protract litigation in an effort to break the financially limited consumer. This is a strategy defendants' cannot employ in claims brought under the Magnuson-Moss Act or most "lemon laws" due to these acts' fee shifting provisions.


 
 
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