Abstract

This Article attempts two different but complementary tasks. First, it offers an answer to the "by no means academic question" asked above. In so doing, the Article considers Code rules that affect the buyer-seller relationship and those that impact on the interests of third parties. The conclusion reached is that buyer status occurs at the moment the purchaser obtains the remedial right to the goods vis-a-vis the seller. In most instances, therefore, buyer status will inevitably coincide with the moment the remedy of specific performance or, in some cases, replevin becomes available to the buyer. The Article's second purpose is descriptive. It looks behind the rhetoric of the buyer status cases to see how their resolution compares, in fact, with those cases in which the only issue is the buyer's right to obtain possession of the goods from the seller. It then considers whether harmonization of these two lines of cases is possible.

Document Type

Article

Publication Date

1987

Share

COinS