Also known as: seasonably notifies · seasonably notified · seasonably notifying · seasonable notice · timely notify · reasonable notice
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that notice be given within a reasonable time after the triggering event or in time to allow the recipient to take appropriate action under the circumstances.
Starlight Media ordered 500 circuit boards from Sterling Dynamics for prompt shipment. Sterling shipped nonconforming boards and immediately emailed Starlight that the shipment was only an accommodation. Starlight accepted the boards as satisfying the offer. Sterling's prompt email satisfied the seasonable notice requirement.
Sophia Singh sued Solstice Ventures. Solstice took Sophia's deposition after giving her counsel two weeks' written notice. At trial Solstice offered the deposition transcript. The two-week notice met the seasonable notice condition for using the deposition against Sophia.
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Santiago Sanchez offered a deceased witness's statement under the residual exception. Six weeks before trial Santiago emailed opposing counsel the declarant's name and the statement's substance. The written advance notice satisfied the seasonable notice requirement for admission.
Stella Shapiro, a member of Southland Foods, sent written notice requesting inspection of financial records at the company office during business hours. The notice identified records material to her membership rights. The timely written request met the seasonable notice condition for inspection.
Seth Shapiro, a partner in Sterling Dynamics, delivered written notice requesting copies of client contracts and financial ledgers at the partnership office. The notice arrived ten days before the requested date and identified records material to his duties. The advance written notice satisfied the seasonable notice requirement.
Sasha Stone ordered custom software from Solstice Ventures for delivery by June 15. Solstice delivered nonconforming code on June 1. The same day Solstice emailed Sasha its intent to cure by June 10. The same-day email constituted seasonable notice allowing cure within contract time.
Notice is seasonable when given promptly after rejection and in time for the buyer to respond before the contract performance deadline expires. The seller must communicate its intent to cure so the buyer has a fair opportunity to evaluate the proposed substitute delivery.
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The UCC cure rules do not mandate a writing, but the notice must reach the buyer in time to permit a meaningful response. Courts examine the timing and content rather than the medium alone.
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Seasonable notice under the UCC focuses on allowing cure or acceptance decisions before performance deadlines. Reasonable notice under evidence rules focuses on giving an adverse party a fair opportunity to meet or challenge the offered statement or deposition.
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…disposed of as a matter of law. Chrysler raises in this court for the first time the defense that plaintiffs’ failure to give reasonable notice of the breach of warranty bars their recovery. The claim was not made in the answer, pretrial order, at the trial or as a ground of appeal in the brief filed on this review. It was added by…