UCC performance issues

Question 1

buyer options upon seller’s imperfect tender

Answer 1

buyer can either:
1) keep and sue for damages
2) reject some or all and sue for damages

Question 2

requirements if buyer rejects goods

Answer 2

1) notify seller of rejection in a reasonable time
2) hold rejected goods using reasonable care
3) give seller reasonable time to arrange for removal of goods

Question 3

rejection of goods for installment contract

Answer 3

buyer can only reject a delivery/installment if
1) defect substantially impairs the installment
2) defect cannot be cured

Question 4

acceptance of goods occurs if either:

Answer 4

1) buyer confirms acceptance
2) buyer is silent

Question 5

revoking acceptance of goods

Answer 5

buyer cannot reject after acceptance unless defect is discovered

defect must substantially impair the goods’ value and either
1) buyer accepted goods on reasonable belief that defect would be cured and it hasn’t been, or
2) buyer was excusably ignorant of defect or reasonably relied on seller’s assurance that goods conformed

Question 6

seller’s ability to cure imperfect tender

Answer 6

seller can cure if:
1) seller gives buyer notice of intent to cure and time for performance hasn’t expired
2) seller had reasonable grounds to believe nonconforming goods sent would be acceptable