Under what condition can a seller cure an imperfect tender?

Under what condition can a seller cure an imperfect tender?

• A. The seller cannot cure under any circumstances
• B. The seller can cure only with buyer's prior acceptance
• C. The seller can cure only if time to perform has expired
• D. The seller can cure if time to perform hasn't expired and gives notice

Answer: (D)

When a seller’s tender isn’t perfect, the seller can still complete the contract by curing, as long as this happens within the time set for performance and the seller seasonably notifies the buyer of the plan to cure and delivers a conforming tender. This lets the seller fix the defect without breaching, preserving the deal. Notably, the buyer’s prior acceptance isn’t required for cure to occur; the notice and conforming delivery within the contract period are what matter. If the time for performance hasn’t expired, the seller has the opportunity to cure by offering the correct goods after giving notice of the intention to cure.

When a seller’s tender isn’t perfect, the seller can still complete the contract by curing, as long as this happens within the time set for performance and the seller seasonably notifies the buyer of the plan to cure and delivers a conforming tender. This lets the seller fix the defect without breaching, preserving the deal. Notably, the buyer’s prior acceptance isn’t required for cure to occur; the notice and conforming delivery within the contract period are what matter. If the time for performance hasn’t expired, the seller has the opportunity to cure by offering the correct goods after giving notice of the intention to cure.