AMI 2515 Buyer's Rights on Improper Delivery
Ark. Model Jury Instr., Civil AMI 2515
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 25. UCC Sales Contracts
AMI 2515 Buyer's Rights on Improper Delivery
If the goods that are the subject of the contract [or the delivery of the goods] fail in any respect to conform to the contract, a buyer may:
[(1) reject the goods, and pursue a claim for damages;]
[(2) obtain substitute goods, and pursue a claim for damages;]
[(3) accept the non-conforming goods, and pursue a claim for damages.]
NOTE ON USE
This instruction should be given as a lead-in or transitional instruction in most cases involving non-conforming goods, or the tender of delivery of goods, to give the jury some context in which to understand the issues. Use the bracketed subsection(s) as warranted by the evidence.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-601.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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