§ 22-707. Copy: Revocation of acceptance

   (a) Circumstances where acceptance may be revoked. -- A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it:

   (1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured;

   (2) During a continuing effort by the party in breach at adjustment and cure, and the breach was not seasonably cured; or

   (3) Without discovery of the nonconformity, if acceptance was reasonably induced either by the other party's assurances or by the difficulty of discovery before acceptance.

(b) Notification. -- Revocation of acceptance is not effective until the revoking party notifies the other party of the revocation.

(c) Preclusion. -- Revocation of acceptance of a copy is precluded if:

   (1) It does not occur within a reasonable time after the party attempting to revoke discovers or should have discovered the ground for it;

   (2) It occurs after a substantial change in condition not caused by defects in the information, such as after the party commingles the information in a manner that makes its return impossible; or

   (3) The party attempting to revoke received a substantial benefit or value from the information, and the benefit or value cannot be returned.

(d) Duties. -- A party that rightfully revokes has the same duties and is under the same restrictions as if the party had refused tender of the copy.

HISTORY: 2000, ch. 11.