What proof is necessary to claim goods are non-conforming under the UCC?

UPDATED: Oct 1, 2022

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What proof is necessary to claim goods are non-conforming under the UCC?

Can a buyer simply say ‘these goods do not conform’ without proving irrefutably? Say I sold a truckload of mixed merchandise with toys in there, but buyer says no toys were present upon receipt. If action is brought against me under the UCC, what proof is necessary to successfully argue my point?

Asked on November 10, 2017 under Business Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since they are suing you, they need to convince the court by a "preponderance of the evidence" (more likely than not) that matters are as they claim. This can be done by credible testimony from witnesses, who will testify under oath that there were no toys. You can try to undercut their testimony and show it is NOT truthful or credible by your own witness testimony (e.g. from persons who packed or loaded), any receipts from a shipper or trucking company showing that they had the requisite number of boxes, etc. A court will then decide who is more truthful; since the burden of proof is on the one suing, if you and they are equally believable, they lose--they must be more believable, even if only fractionally.

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