Performance

Question 1

Under UCC, if the contract does not specify time of payment, when is payment due?

Answer 1

at the time the buyer receives the goods

Question 2

Under UCC, if the contract requires shipment by 3P carrier, what must seller do?

Answer 2

deliver to carrier, make K with carrier, and give notice ot buyer

Question 3

when does risk of loss pass to buyer in a F.O.B seller K tha trequires shipment (does not identify deliveyr place)

Answer 3

delivers to common carrier + K with carrier + gives notice to buyer

Question 4

when does a seller have a right to cure?

Answer 4

eller may cure and make a conforming delivery after seasonable notice if
® (i) time for performance under the contract has not elapsed or
® (ii) seller has reasonable grounds to believe buyer would accept despite nonconformity.

Question 5

when can a buyer reject a nonconforming tender under an installment K?

Answer 5

□ i) Substantially impairs the value of that shipment to the buyer; and
ii) Cannot be cured.

Question 6

what are excuse for nonperformance?

Answer 6

impossibility
impractability
frutration of purpose
mistake
excuse yby agreement: rescission A&S

Question 7

when can a K not be delegated?

Answer 7

substantial interst in having original party perform

Question 8

what is the difference b/t express and constructive condition? what is required for each?

Answer 8

constructive is implied - duty to perform not triggered until other pt performs - SUBSTANTIAL compliance is enough

express - STRICT compliance required