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1.5.10 Definition of Buyer

The UCC confers many of its rights upon the buyer, defined as “a person who buys or contracts to buy goods.”159 Whether a person pays the seller directly, or allocates insurance funds or public benefits to cover the purchase, is irrelevant to this definition.160 While the definition of sale refers to passing of title,161 the definition of buyer does not, and the language “contracts to buy” is an additional indication that passing of title is not necessary.162 The Magnuson-Moss Warranty Act confers its rights upon “consumers,” as discussed in § 1.5.12, infra.

Footnotes

  • 159 {147} U.C.C. § 2-103(1)(a).

  • 160 {148} Kirby v. NMC/Continue Care, 993 P.2d 951 (Wyo. 1999).

  • 161 {149} U.C.C. § 2-106. See § 1.5.2, supra.

  • 162 {150} See Estate of Kriefall v. Sizzler USA Franchise, Inc., 801 N.W.2d 781, 793–795 (Wis. Ct. App. 2011) (franchisor who ordered product is buyer and can assert warranty claim against seller, even though product was delivered to franchisee), aff’d, 816 N.W.2d 853 (Wis. 2012). But see In re Rezulin Products Liab. Litig., 390 F. Supp. 2d 319 (S.D.N.Y. 2005) (group health benefit plan that pays for but does not acquire ownership of medications is not a buyer).