Del. P.J.I. Civ. § 9.15

REVOCATION OF ACCEPTANCE OF GOODS

One of the buyer’s remedies for breach of express warranty is known as

“revocation of acceptance.” To effectively revoke [his/her/its] acceptance of the

goods, [buyer’s name] must establish all of the following elements:

(1) when the product was delivered, it had a [non-conformity / defect] that

could not reasonably have been discovered by [buyer’s name];

(2) the [non-conformity / defect] substantially impaired the value of the

product to [buyer’s name], in light of [his/her/its] needs and circumstances and

considering whether a reasonable person would consider the value of the product to

be impaired under these circumstances;

(3) [Buyer’s name] notified either [defendant’s name] or one of

[his/her/its] agents that [he/she/it] did not want to keep the product;

(4) the notification occurred within a reasonable time after [buyer’s name]

discovered or should have discovered the [non-conformity / defect]; and

(5) the revocation occurred before there was any substantial change in the

product’s condition that was not caused by the [non-conformity / defect]. In this

regard, a buyer may work with a seller in attempting to have the [non-conformity /

defect] repaired but may then timely revoke acceptance if the [non-conformity /

defect] is not satisfactorily cured. If you find that [buyer’s name] has established all

of the above elements by a preponderance of the evidence, then you must find that

[buyer’s name] effectively revoked [his/her/its] acceptance of the product.