College

A breaching party's right to provide conforming goods when nonconforming goods were initially delivered is:

A. redemption
B. perfect tender
C. cover
D. cure

Answer :

The right granted to the seller to provide conforming goods after delivering nonconforming goods is known as cure. This option offers the seller an opportunity to correct any defects or problems with the goods in line with the contract, within a certain timeframe and set conditions, even if the perfect tender rule is not met. Hence the correct answer is option D. cure.

The right of a breaching party to provide conforming goods after initially delivering nonconforming goods is known as cure. In the context of sales contracts, particularly under the Uniform Commercial Code (UCC), which governs commercial transactions in the United States, a seller who has delivered nonconforming goods often has the opportunity to make things right by curing the defect. This right is not absolute; there are specific time limits and conditions under which cure is permissible.

The concept of cure is significant because it creates a balance between the expectations of the buyer to receive the goods as per the contract terms and the seller's interest in fulfilling their obligations without immediately facing severe repercussions for a mistake.

For instance, if a seller delivers goods early or with minor defects, they may correct the delivery within the contract time without being in breach of the contract. The perfect tender rule, which generally requires goods and deliveries to conform precisely to the terms of the contract, is hence relaxed to an extent by allowing cure.

It's important to note that if the time for performance has expired or if the seller has been informed that the buyer will not accept a cure, then the seller cannot exercise the right to cure. In these situations, the buyer may seek other remedies, such as cover, which is the action of purchasing substitute goods, or seek damages for breach of contract.

Redemption and perfect tender, as mentioned in the other answer options, are not directly related to the right to cure. Redemption generally refers to the recovery of something lost or pawned, while perfect tender refers to the expectation that the goods and delivery will meet all the specifications of the contract without deviation.

Cover, as mentioned, is an option for the buyer when the seller cannot or does not cure the defect in the goods supplied. Hence the correct answer is option D. cure.