Section 22-707 - Copy: Revocation of acceptance. - Maryland Statutes

§ 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. 
 

[2000, ch. 11.] 
   
 
 
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