When can a seller cure an imperfect tender?

When can a seller cure an imperfect tender?

• A. CAN if time to perform hasn't expired and gives notice
• B. CAN'T if time has expired, unless buyer previously accepted
• C. Both A and B are true
• D. Cure is never allowed

Answer: (C)

Under the UCC, a seller who delivers goods that don’t conform to the contract has a chance to cure by replacing them with conforming goods. The opportunity to cure depends on timing. If the contract time for performance hasn’t expired, the seller can cure by tendering conforming goods within the agreed time and, typically, by giving timely notice of the intention to cure. This notice helps the buyer understand that a conforming tender is on the way and keeps the performance window moving toward completion. If the contract time has expired, cure is more limited. It’s allowed only in certain qualifying situations, such as when the buyer has previously accepted the nonconforming tender. In that scenario, delivering a conforming substitute can still complete performance. So both scenarios described are valid paths for curing an imperfect tender, which is why both statements are true.

Under the UCC, a seller who delivers goods that don’t conform to the contract has a chance to cure by replacing them with conforming goods. The opportunity to cure depends on timing.

If the contract time for performance hasn’t expired, the seller can cure by tendering conforming goods within the agreed time and, typically, by giving timely notice of the intention to cure. This notice helps the buyer understand that a conforming tender is on the way and keeps the performance window moving toward completion.

If the contract time has expired, cure is more limited. It’s allowed only in certain qualifying situations, such as when the buyer has previously accepted the nonconforming tender. In that scenario, delivering a conforming substitute can still complete performance.

So both scenarios described are valid paths for curing an imperfect tender, which is why both statements are true.