Brief Fact Summary. An individual purchased a truck from the Ford Motor Company. The truck experienced excessive tire wear and the purchaser brought suit as a result.
Synopsis of Rule of Law. Section 7-2-607(3)(a) of Alabama's adaptation of the Uniform Commercial (the "UCC") requires that a buyer of a good "notify the seller of breach." If the requisite notification does not occur, "the Plaintiff is barred from any remedy".
Issue. Does §7-2-607(3)(a) of the UCC operate as a condition to the Plaintiff bringing suit?
Held. Yes, notice is a condition to recovery. Section 7-2-607(3)(a) of the UCC requires that a buyer of a good "notify the seller of breach." If the requisite notification does not occur "the Plaintiff is barred from any remedy". The requisite notice is "the degree of notice which at least comports with the notice an ordinary tortfeasor would have of his breach of duty." There are two reasons for the notice requirement. First, "express notice opens the way for settlement through negotiation between the parties." Second, "proper notice minimizes the possibility of prejudice to the seller by giving him 'ample opportunity to cure the defect, inspect the goods, investigate the claim or do whatever may be necessary to properly defend himself or minimize his damages while the facts are fresh in the minds of the parties." Here, the Defendant had no notice that the work done on the truck by Combs & Daily. As such, the plaintiff does not have a valid claim. The court also sets forth another reason for the notice requirement, "minimizing the buyer's loss and reducing the seller's own liability to the buyer."
Discussion. This case offers an informative discussion of the notice requirement under one state's adaptation of the Uniform Commercial Code.