Performance

Question 1

UCC: perfect tender

Answer 1

general standard, seller is obligated to deliver perfect goods

Question 2

UCC: rejection of goods general rule

Answer 2

1) if goods are less than perfect
2) buyer has option to reject unless cure or an installment contract
3) rejection of the goods must occur before acceptance

Question 3

UCC: cure

Answer 3

1) time for performance has expired: allowed to cure if the seller has reasonable grounds for believing that improper tender would be acceptable
2) time for performance not expired: allowed to cure within contract delivery date
3) installment sales contracts: buyer only has right to reject an installment where there is substantial impairment that can’t be cured

Question 4

UCC: acceptance of goods effect

Answer 4

if buyer accepts, cannot later reject even if not perfect tender

Question 5

UCC: acceptance of goods how

Answer 5

1) express
2) no opportunity for inspection no acceptance even if paid
3) implied acceptance: retention after opportunity for inspection without objection

Question 6

UCC: revocation of acceptance of the goods

Answer 6

1) nonconformity substantially impairs value of goods
2) excusable ignorance of grounds for revocation or reasonable reliance on seller’s assurance of satisfaction
3) revocation within a reasonable time after discovery of non conformity

Question 7

UCC: how buyer may reject or revoke goods

Answer 7

1) seasonably notify seller
2) hold the goods for seller
3) follow reasonable seller instructions

Question 8

UCC: consequences of rejection or revocation of goods

Answer 8

1) goods back to seller

2) no buyer payment obligation