Also known as:§ 2-502 · UCC 2-502 · UCC § 2-502 · 2-502 · UCC §2-502
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in sales law
A provision of the Uniform Commercial Code that permits a buyer who has paid part or all of the price to recover goods identified to the contract from an insolvent seller. Identification occurs when the seller designates particular goods as those to which the contract refers, such as by completion, customization, or assignment of unique identifiers. The remedy is available when the seller fails to deliver or repudiates and the buyer seeks the goods themselves rather than damages.
2
in probate law
A provision of the Uniform Probate Code that sets out the formal requirements for executing a witnessed or notarized will. A will must be in writing, signed by the testator, and either signed by at least two individuals within a reasonable time after witnessing the signing or the testator's acknowledgment or acknowledged before a notary or other authorized individual.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in sales law
A provision of the Uniform Commercial Code that permits a buyer who has paid part or all of the price to recover goods identified to the contract from an insolvent seller. Identification occurs when the seller designates particular goods as those to which the contract refers, such as by completion, customization, or assignment of unique identifiers. The remedy is available when the seller fails to deliver or repudiates and the buyer seeks the goods themselves rather than damages.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Examples1
Buyer Seeks Identified Buses
Stonehaven Properties prepaid the full price for thirty custom buses from Skyline Construction. Skyline completed the buses, installed the requested fare systems, assigned specific VINs, and tagged each with Stonehaven's route codes. Skyline then entered bankruptcy and refused to deliver. Stonehaven sued to obtain the buses themselves. Because the buses were identified to the contract and the seller became insolvent after payment, Stonehaven may recover the specific goods rather than pursue only damages.
Frequently Asked3
When may a buyer recover identified goods under Section 2-502?+
A buyer may recover the goods when the seller fails to deliver or repudiates, the goods have been identified to the contract, the buyer has paid part or all of the price, and the seller is insolvent. The remedy is an alternative to cover or market damages.
Supporting sources
What constitutes identification of goods to the contract?+
Goods become identified when the seller designates particular existing goods as those to which the contract refers, for example by completing fabrication, applying custom features, segregating the items, or assigning unique identifiers such as VINs or project codes.
Supporting sources
Sense 2
2
in probate law
A provision of the Uniform Probate Code that sets out the formal requirements for executing a witnessed or notarized will. A will must be in writing, signed by the testator, and either signed by at least two individuals within a reasonable time after witnessing the signing or the testator's acknowledgment or acknowledged before a notary or other authorized individual.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Examples1
Will Execution With Delayed Witness
Sofia Stern typed and signed her will in her office. She asked Nina to sign as a witness immediately after declaring the document her will. Later the same day at a gala, Sofia acknowledged the signed document to Thomas, who then signed as the second witness. Both witnesses signed within a reasonable time after witnessing the signing or acknowledgment. The will satisfies the execution requirements and is valid.
Frequently Asked2
What are the formal requirements for a witnessed will under Section 2-502?+
The will must be in writing and signed by the testator. It must also be signed by at least two individuals, each of whom signs within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.
Supporting sources
May a witness sign after acknowledging a prior signature rather than observing the signing itself?+
Yes. A witness may sign after the testator acknowledges the will or the signature, provided the acknowledgment occurs in the witness's presence and the witness signs within a reasonable time thereafter.
Does a buyer need a prior unsatisfied judgment before seeking the goods themselves?+
No. The right to recover identified goods is a direct substantive remedy available once the statutory conditions are met. No prior damages action is required.
Supporting sources
Trusts and Estates Decedents EstatesWills · Execution requirementsUBEIntermediate