LAW 600A Lecture Notes - Lecture 28: Institute For Operations Research And The Management Sciences

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25 Oct 2016
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Class 28: 10/25/16: perfect tender and cure. The ucc requires parties to perfectly perform their contractual obligations. A (cid:271)uyer"s perfor(cid:373)a(cid:374)(cid:272)e is (cid:374)ot due u(cid:374)til a seller delivers the (cid:272)o(cid:374)tra(cid:272)tual te(cid:374)der. Cure by seller of improper tender or delivery; replacement, Subsection 2 states: if a buyer rejects a non-conforming tender which the seller was reasonable in believing to be conforming, the seller may have additional time for supplying tender so long as the seller notifies the buyer. Can plaintiff cancel its contract with defendant for the purchase of a camper and recover the trade in value of their van? (did the defendant attempt to cure defects within a reasonable timeframe?) Plaintiff enters into a contract with defendant for the purchase of a camper. As part of contract, plaintiff trades in their van for credit towards the camper. When plaintiff went to accept delivery of the camper and pay the defendant, the camper was found to have several defects.

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