Goodness, I thought the night was late and you had had some adult beverages. Before I start looking up things to show how precisely wrong you are in considering such, I will wait for an affirmation of your claim.
quincy, this is simple UCC. That I have not been insulting is because you give so much and I respect your opinions and information. Please do not go down the path to NutbarFactor6. A seller's mistake does not lead to a buyer's windfall.
First, my nights are always
late and, if you mean by "adult beverages" coffee, I consume it constantly.
You mention the Uniform Commercial Code and, in particular, the sections in Part VI.
§2-601. Buyer's Rights on Improper Delivery.
... if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest.
Yortie accepted the whole.
§2-602. Manner and Effect of Rightful Rejection.
(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
Yortie did not reject the goods.
§2-605. Waiver of Buyer's Objections by Failure to Particularize.
(1) The buyer's failure to state in connection with rejection ...
Again, Yortie did not reject the goods.
§2-606. What Constitutes Acceptance of Goods.
(1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or (2) fails to make an effective rejection ... but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (c) does not act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
Yortie accepted the goods by, I suppose, failing to make an effective rejection.
§2-607. Effect of Acceptance; et al.
(1) The buyer must pay at the contract rate for any goods accepted.
Yortie paid for the hard drive at the contract rate.
§2-709. Action for the Price.
(1) When the buyer fails to pay the price as it becomes due ...
Yortie paid for the hard drive.
§2-710. Seller's Incidental Damages.
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
Yortie did not breach the contract. He ordered a hard drive. A hard drive was sent. He paid for the hard drive.
The only failure was on the part of the seller for delivering to Yortie non-conforming goods which Yortie, nonetheless, accepted and paid for at the contract price. Yortie is not responsible for the error on the part of the seller. Again, see the FTC and USPS links provided in the thread linked to earlier.
(edit to add, for our book-collecting friend: My source is "Contract Law: Selected Source Materials" selected and edited by Steven J. Burton and Melvin A. Eisenberg, Thomson/West)