ORS 72.6080
Revocation of acceptance in whole or in part

(1)

The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the buyer if the buyer has accepted it:

(a)

On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

(b)

Without discovery of such nonconformity if the acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.

(2)

Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3)

A buyer who so revokes has the same rights and duties with regard to the goods involved as if the buyer had rejected them. [1961 c.726 §72.6080 (Revocation of acceptance in whole or in part)]

Source: Section 72.6080 — Revocation of acceptance in whole or in part, https://www.­oregonlegislature.­gov/bills_laws/ors/ors072.­html.

Notes of Decisions

A buyer may revoke acceptance on account of material misrepresentation by the seller. Melms v. Mitchell, 266 Or 208, 512 P2d 1336 (1973)

A buyer seeking cancellation on the grounds of misrepresentation must return what he has received under the contract. Melms v. Mitchell, 266 Or 208, 512 P2d 1336 (1973)

A seller does not have an unlimited amount of time to cure the nonconformity. Jorgensen v. Pressnall, 274 Or 285, 545 P2d 1382 (1976)

The nonconformity must substantially impair the value of the goods to the purchaser. Jorgensen v. Pressnall, 274 Or 285, 545 P2d 1382 (1976)

Revocation of acceptance is permissible not only where there is complete impairment, but also where the impairment is substantial but not complete. Jorgensen v. Pressnall, 274 Or 285, 545 P2d 1382 (1976)

Because the buyer rightfully revoked acceptance under this section due to the unfitness of the goods, the buyer had no further obligation as to the returned goods. Valley Iron and Steel Co. v. Thorin, 278 Or 103, 562 P2d 1212 (1977)

Where automobile buyer bought automobile from dealer, and there was no evidence that dealer was acting as manufacturer’s agent in sale, buyer could not revoke acceptance as to manufacturer. Clark v. Ford Motor Co., 46 Or App 521, 612 P2d 316 (1980)

Where buyer selected automobile in dealer’s showroom and contract was for sale of particular automobile, buyer could not revoke his acceptance as to dealer on ground of “nonconformity.” Clark v. Ford Motor Co.,, 46 Or App 521, 612 P2d 316 (1980)

That hay baler did not comply with express warranty constituted non-conformity under this section and evidence was sufficient to show that revocation was proper and timely. Miller v. Hubbard-Wray Co., 52 Or App 897, 630 P2d 880 (1981), Sup Ct review denied, as modified by 53 Or App 531, 633 P2d 1 (1981)

Revocation of acceptance is combination of buyer’s refusal to keep nonconforming goods accepted coupled with notification thereof to seller. Custom Harv. Oregon v. Smith Truck & Tractor, 75 Or App 274, 706 P2d 186 (1985)

Under ORS 72.7190, if limited and exclusive remedy of repair and replacement fails because seller was unwilling or unable to repair and buyer thus loses substantial benefit of bargain, then remedy has failed of essential purpose and other remedies are restored including revocation of acceptance under this section. Young v. Hessel Tractor & Equipment Co., 99 Or App 262, 782 P2d 164 (1989), Sup Ct review denied, as modified by C.I.T. Group/Equipment Financing, Inc. v. Young, 99 Or App 270, 782 P2d 169 (1989)

Where there are issues of fact as to requirements of nonconformity and substantial impairment of value which plaintiff must prove to prevail in rescission claim, trial court erred in granting plaintiff’s summary judgment motion. Claxton v. Boothe, 101 Or App 416, 790 P2d 1201 (1990), Sup Ct review denied

72.1010
Short title 72.1020
Scope 72.1030
Definitions and index of definitions 72.1040
Definitions: “merchant” 72.1050
Definitions: “goods” 72.1060
Definitions: “contract” 72.1070
Goods to be severed from realty 72.2010
Formal requirements: statute of frauds 72.2020
Final written expression: parol or extrinsic evidence 72.2030
Seals inoperative 72.2040
Formation in general 72.2050
Firm offers 72.2060
Offer and acceptance in formation of contract 72.2070
Additional terms in acceptance or confirmation 72.2090
Modification, rescission and waiver 72.2100
Delegation of performance 72.3010
General obligations of parties 72.3020
Unconscionable contract or clause 72.3030
Allocation or division of risks 72.3040
Price payable in money, goods, realty or otherwise 72.3050
Open price term 72.3060
Output, requirements and exclusive dealings 72.3070
Delivery in single lot or several lots 72.3080
Absence of specified place for delivery 72.3090
Absence of specific time provisions 72.3100
Open time for payment or running of credit 72.3110
Options and cooperation respecting performance 72.3120
Warranty of title and against infringement 72.3130
Express warranties by affirmation, promise, description, sample 72.3140
Implied warranty: merchantability 72.3150
Implied warranty: fitness for particular purpose 72.3160
Exclusion or modification of warranties 72.3170
Cumulation and conflict of warranties express or implied 72.3180
Third party beneficiaries of warranties express or implied 72.3190
F.O.B. and F.A.S. terms 72.3200
C.I.F. and C. and F. terms 72.3210
C.I.F. or C. and F.: “net landed weights” 72.3220
Delivery “ex-ship.” 72.3230
Form of bill of lading required in overseas shipment 72.3240
“No arrival, no sale” term 72.3250
“Letter of credit” term 72.3260
Sale on approval and sale or return 72.3270
Special incidents of sale on approval and sale or return 72.3280
Sale by auction 72.4005
Definitions for ORS 72.4010 and 72.4030 72.4010
Passing of title 72.4020
Rights of seller’s creditors against sold goods 72.4030
Power to transfer 72.5010
Insurable interest in goods 72.5020
Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency 72.5030
Manner of seller’s tender of delivery 72.5040
Shipment by seller 72.5050
Seller’s shipment under reservation 72.5060
Rights of financing agency 72.5070
Effect of seller’s tender 72.5080
Cure by seller of improper tender or delivery 72.5090
Risk of loss in the absence of breach 72.5100
Effect of breach on risk of loss 72.5110
Tender of payment by buyer 72.5120
Payment by buyer before inspection 72.5130
Buyer’s right to inspection of goods 72.5140
When documents deliverable on acceptance 72.5150
Preserving evidence of goods in dispute 72.6010
Buyer’s rights on improper delivery 72.6020
Manner and effect of rightful rejection 72.6030
Merchant buyer’s duties as to rightfully rejected goods 72.6040
Buyer’s options as to salvage of rightfully rejected goods 72.6050
Waiver of buyer’s objections by failure to particularize 72.6060
What constitutes acceptance of goods 72.6070
Effect of acceptance 72.6080
Revocation of acceptance in whole or in part 72.6090
Right to adequate assurance of performance 72.6100
Anticipatory repudiation 72.6110
Retraction of anticipatory repudiation 72.6120
“Installment contract” 72.6130
Casualty to identified goods 72.6140
Substituted performance 72.6150
Excuse by failure of presupposed conditions 72.6160
Procedure on notice claiming excuse 72.7010
Remedies for breach of collateral contracts not impaired 72.7020
Seller’s remedies on discovery of buyer’s insolvency 72.7030
Seller’s remedies in general 72.7040
Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods 72.7050
Seller’s stoppage of delivery in transit or otherwise 72.7060
Seller’s resale including contract for resale 72.7070
“Person in the position of a seller.” 72.7080
Seller’s damages for nonacceptance or repudiation 72.7090
Action for the price 72.7100
Seller’s incidental damages 72.7110
Buyer’s remedies in general 72.7120
“Cover” 72.7130
Buyer’s damages for nondelivery or repudiation 72.7140
Buyer’s damages for breach in regard to accepted goods 72.7150
Buyer’s incidental and consequential damages 72.7160
Buyer’s right to specific performance or replevin 72.7170
Deduction of damages from the price 72.7180
Liquidation or limitation of damages 72.7190
Contractual modification or limitation of remedy 72.7200
Effect of “cancellation” or “rescission” on claims for antecedent breach 72.7210
Remedies for fraud 72.7220
Who can sue third parties for injury to goods 72.7230
Proof of market price: time and place 72.7240
Admissibility of market quotations 72.7250
Statute of limitations in contracts for sale 72.8010
Definitions for ORS 72.8010 to 72.8200 72.8020
Manufacturer’s implied warranty of merchantability 72.8030
Manufacturer’s implied warranty of fitness 72.8040
Retailer’s or distributor’s implied warranty of fitness 72.8050
Disclaimer of implied warranty of merchantability or implied warranty of fitness 72.8060
Express warranty 72.8070
Right to make express warranty 72.8090
Form of express warranty 72.8100
Manufacturer’s service and repair 72.8110
Retailer’s service and repair of nonconforming good in absence of manufacturer’s service and repair facilities within state 72.8120
Time for commencement of service and repair 72.8130
Liability to retailer of manufacturer not maintaining service and repair facility within state 72.8140
Unauthorized or unreasonable use after sale 72.8150
Service contract in addition to or in lieu of express warranty 72.8160
Express warranty in addition to implied warranties 72.8170
Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair 72.8180
Buyer’s waiver of ORS 72.8010 to 72.8200 72.8190
Status of remedies under ORS 72.8010 to 72.8200 72.8200
Operative dates
Green check means up to date. Up to date

Current through early 2024

§ 72.6080’s source at oregon​.gov