UCC

Question 1

Right to cure improper delivery

Answer 1

1) if time for performance has not yet expired, seller may reasonably notify of intention to cure
2) where buyer rejects tender and seller has reasonable grounds to believe that with money allowance could make acceptable, if he seasonably notifies buyer, may still have REASONABLE time to conform

Question 2

Perfect Tender Rule

Answer 2

Buyer may reject if they fail to perform perfect tender, therefore buyers performance never becomes due

If performance has not become due, gives seller unconditional right to cure with notice

If has become due: seller had reasonable grounds to believe it would be acceptable with/without money allowance, if seller seasonably notifies buyer, will have further reasonable time to tender

Question 3

Installment Contract Breach

Answer 3

Can only reject non-conforming installment if it substantially impairs value of installment.

Seller has right to cure if it gives adequate assurance, buyer must accept that installment

If it’s one or more breach, has to impair value of WHOLE contract to become breach.

Whether non-conformity in an installment justifies cancelation, is not based on whether the non-conformity indicates future deliveries to be defective but if it impairs the value of whole contract.

If continues to accept non-conforming without “seasonably” notifying of cancellation, you’re stuck

Question 4

Define installment contract

Answer 4

Authorizing delivery of goods in separate lots even if it says “every delivery is a separate contract

Question 5

Substantial performance for installment contracts

Answer 5

Breach of one installment doesn’t constitute breach unless it impairs value of whole contract