Bus law Chapter 22

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14 Terms

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Tender of Delivery

Placing conforming foods at the disposal of the buyer or lessee and giving the buyer or lessee whatever notification is reasonably necessary to enable the buyer or lessee to take delivery

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Destination contracts

Seller must tenders at a reasonable hour and hold for reasonable time

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Perfect tender rule

UCC: if goods or tender of delivery fails in any respect to conform to the contract, the buyer or lessee may either:

  • Accept the goods

  • Reject the entire shipment

  • Accept part or reject part

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Exceptions to perfect tender rule

  • Agreement of the parties

  • Cure

  • Substitution of carriers

  • Installment contracts: Whole contract only breach if nonconforming installments substantially impairs value of the whole

  • Commercial impracticability - nobody can do it

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Destruction of Identified goods

Total: parties excused from performance

Partial: Buyer/lessee can either treat contract as void or accept damaged goods with reduction in price

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