Ramirez v. Autosport

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Ramirez v. Autosport
Court Supreme Court of New Jersey
Citation 88 N.J. 277
440 A.2d 1345
Date decided 1982

Facts

Plaintiffs contracted with defendant to purchase a camper van and trade in their existing van. The contract provided for delivery on or about August 3, 1978. When picking up the van, upon inspection, several defects were discovered and the plaintiffs chose not to accept the van. They wanted to use the van for vacation, and tried repeatedly to contact the company to accept the van. Eventually they tried again and again, and gave up on the contract, and demanded rescission of the contract and their trade-in van back.


Procedural History

Judgment for the plaintiff.


Issues

Whether a buyer can reject the tender from the seller of a camper van with minor defects and cancel the contract for purchase of the van.


Holding

The Code permits cancellation by rejection for minor defects, and permits revocation of acceptance only for substantial impairments. A buyer can reject goods for non-conformity, but the rejection does not automatically terminate the contract. With appropriate time given to the seller to fix the non-conformity, if not fixed, the buyer may rescind the contract.