PERFORMANCE OF ARTICLE 2 K's

Question 1

Perfect Tender Rule (3)

Answer 1

1. sale of goods
2. goods and the delivery conform to K terms
3. gives buyer option to reject the delivered goods in GF

Question 2

Rejection (Perfect tender rule)(4)

Answer 2

1. distinguish rej of GOODS from rej of OFFER
2. (retain and sue) or (rej all or any commercial unit and sue)
3. reas care of rej goods and don’t use
4. REJECTION ALTERNATIVE LIMITED BY CURE, INSTALLMENT Ks and ACCEPTANCE

Question 3

Cure (UCC)(2)

Answer 3

1. seller “reasonable grounds” (look for info about prior deals btwn buyer and seller)
2. time for performance has not yet expired

Question 4

Installment Ks

Answer 4

buyer has the right to reject an installment only where there is a substantial impairment in that installment that can’t be cured

1. goods in separate lots
2. to be separately accepted

Question 5

Acceptance of goods (UCC)(4)

Answer 5

1. once accepted, cannot reject
2. payment with opp to inspect NOT ACCEPT
3. must be timely (w/in reasonable time)
4. keeping goods- IMPLIED ACCEPTANCE

Question 6

Revocation of Acceptance

Answer 6

1. substantial impairment
2. excusable ignorance of ground for revocation OR reason reliance on sellers assurance of satisfaction
3. w/ in reasonable time after discovery

Question 7

Rejection and Revocation (other requirements)(3)

Answer 7

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

Question 8

Rejection and Revocation (consequences) (2)

Answer 8

1. goods back to seller

2. no buyer payment obligation